GIFT    OF 
JANE  K.SATHER 


A  SOURCE   BOOK 


IN 


AMERICAN   HISTORY 

TO    1787. 


COLLECTED  AND   EDITED 

BY 

WILLIS   MASON   WEST 

SOMETIME    PROFESSOR    OF    HISTORY   AND    HEAD    OF    THE 
DEPARTMENT   AT   THE    UNIVERSITY    OF    MINNESOTA 


ALLYN   AND   BACON 

Boston  Neto  gorfc  Cfjtcago 


COPYRIGHT,   1913, 
BY  WILLIS  MASON  WEST. 


Ncrtoooti 

J.  8.  Cashing  Co.  —  Berwick  &  Smith  Co. 
Norwood,  Mass.,  U.S.A. 


FOREWORD 

EARLY  American  history  is  especially  suited  for  "source 
work  "  in  secondary  schools  and  undergraduate  college  classes. 
After  the  year  1800,  there  are  too  many  documents  and  many 
of  them  are  too  long.  The  student  can  get  no  systematic  sur 
vey  nor  any  sense  of  continuity ;  and  source  work  is  therefore 
merely  illustrative  of  particular  incidents.  But,  for  the  early 
period,  it  is  possible,  by  careful  selection  and  exclusion,  to  lay 
a  basis  for  a  fairly  connected  study. 

To  do  this,  it  is  necessary  to  combine  in  one  volume  selec 
tions  which  are  usually  grouped  separately,  as  "  Documents " 
and  as  "  Readings,"  —  such,  for  instance,  as  the  Massachusetts 
charter,  on  the  one  hand,  and  Winthrop's  letters  to  his  wife, 
on  the  other.  Rigid  scholarship  may  object  to  the  inclusion 
of  such  different  sorts  of  sources  between  the  same  covers. 
But  students  cannot  be  expected  to  own  or  use  more  than  one 
volume  of  sources  in  American  history ;  and  the  practical  edu 
cational  advantages  of  the  combination  seem  to  me  to  outweigh 
all  possible  objections  —  besides  which,  something  might  be 
said  for  the  arrangement  in  itself,  for  young  students,  on  the 
side  of  interest  and  convenience. 

A  number  of  admirable  collections  of  sources  for  schools  are 
already  in  use.  And  yet,  in  preparing  my  American  History 
and  Government,1  I  found  no  single  volume  which  contained 
the  different  kinds  of  source  material  desirable  for  illustration, 
while  much  of  the  most  valuable  material  was  still  inaccessible 
in  any  collection.  Some  two-thirds  of  the  selections  in  the 
present  volume,  I  believe,  have  not  previously  appeared  in 

lAllyn  and  Bacon.     1913. 
iii 


iv  FOREWORD 

Source  Books ;  and,  for  many  of  the  customary  documents,  I 
have  found  it  desirable  to  print  parts  not  usually  given.  Thus, 
for  Gorges'  Patent  for  Maine,  instead  of  reproducing  the  ter 
ritorial  grant  (which  is  all  that  is  given  in  the  only  Source 
Book  which  touches  on  that  document),  I  have  chosen  rather 
to  give  the  portion  authorizing  a  degree  of  popular  self-govern 
ment  (the  reference  to  the  "  parliament  in  New  England  "). 

In  a  few  cases,  documents  which  might  have  been  expected 
are  not  given,  because  extracts  from  them  are  used  freely  in 
the  American  History  and  Government,  to  which  this  is  a  com 
panion  volume.  The  most  important  cases  of  this  character 
are  noted  at  appropriate  points.  In  general,  in  the  selection 
and  arrangement  of  documents,  special  emphasis  has  been 
given  to  the  following  topics :  (1)  the  idealistic  motives  back 
of  American  colonization  in  Virginia  as  well  as  in  Puritan 
New  England;  (2)  the  evolution  of  political  institutions  in 
Virginia  and  in  typical  Northern  colonies,  —  especially  of  rep 
resentative  government  and  of  the  town  meeting,  and  of  such 
details  as  the  use  of  the  ballot;  (3)  the  very  imperfect  na 
ture  of  democracy,  political  and  social,  in  colonial  America, — 
so  that  the  student  may  better  appreciate  our  later  growth ; 
(4)  social  conditions,  —  necessarily  a  rather  fragmentary  treat 
ment  ;  (5)  the  evolution  of  commonwealths  out  of  colonies  in 
the  Revolution ;  and  (6)  the  breakdown  of  the  Confederation 
and  the  making  of  the  Constitution. 

Many  typical  documents  are  given  entire.  Other  selections 
are  excerpted  carefully.  In  such  cases,  omissions  are  indi 
cated,  of  course,  and  the  substance  of  the  omitted  matter  is 
usually  indicated  in  brackets.  In  the  case  of  a  few  selections, 
like  those  from  Winthrop's  History,  the  original  document  has 
already  been  published  in  standard  editions  with  modernized 
spelling.  Such  editions  have  been  followed.  The  text  of  all 
other  documents  has  been  reproduced  faithfully,  except  for 
such  departures  as  are  authorized  in  the  American  Historical 
Association's  Suggestions  for  the  Printing  of  [Documents  ;  i.e., 
regarding  the  spelling  out  of  abbreviations,  I  and  the  modern 


FOREWORD  V 

usage  for  the  consonantal  i  and  u,  and  the  modernizing  of 
punctuation  when  absolutely  needful  to  prevent  ambiguity. 
Some  students  may  find  a  slight  difficulty  at  first  ip  the 
vagaries  of  seventeenth  century  orthography.  But  thia  diffi 
culty  is  quickly  surmounted  ;  and,  apart  from  the  added  flavor 
that  comes  from  the  quaintness  of  the  original,  and  from  the 
consciousness  that  the  copy  has  been  strictly  adhered  to,  there 
is  often  a  distinct  historical  advantage  in  the  practice.  The 
falling  away  in  book-culture  in  the  second  generation  of  New 
England  colonization  can  hardly  be  suggested  so  forcibly  in 
any  other  way  as  by  following  the  degeneration  of  spelling  by 
town  officials  —  as  in  the  Watertown  records  in  Number  83. 
The  peculiarities  of  type  in  printed  documents  have  been  pre 
served  so  far  as  possible,  but  here  I  have  taken  a  greater 
liberty  than  in  any  other  matter  of  this  kind.  Italics  and 
black-faced  type  have  been  introduced  freely,  to  call  attention 
to  matter  of  special  importance  for  instruction.  Sometimes 
this  practice  has  been  noted  in  the  respective  introductions; 
and  in  other  cases  there  will  be  little  difficulty  in  deciding 
which  passages  owe  their  prominence  of  this  sort  to  the  editor. 
I  have  tried  also  to  add  to  the  teaching  value  of  the  book 
by  a  free  use  of  introductions  to  the  various  extracts,  and 
by  footnotes  and  addenda,  with  occasional  "  Hints  for  Study." 

WILLIS   MASON   WEST. 
WINDAGO  FARM, 
November,  1913. 


TABLE   OF   CONTENTS 

NUMBER  PAGE 

I.    England  in  the  Century  of  Colonization 

1.  Classes  of  Englishmen;    by   William  Harrison  ;    from  Holin- 

shed's  Chronicles  (1577) 1 

A.     SOUTHERN  COLONIES  TO    1660 
n.    Motives  for  Early  Colonization 

2.  Sir  George  Peckham's  "  True  Report "  (1582)  of  Gilbert's  expe 

dition  ;  from  Richard  Hakluyt's  Voyages  and  Discoveries 

of  the  English  Nation  ........        4 

3.  Richard   Hakluyt's  Discourse   on   Western   Planting   (1584)  ; 

from  the  Maine  Historical  Society  Collections    ...        4 

4.  Michael  Dray  ton's  Ode  to  the  Virginian  Voyage  (1606)     .         .         7 

5.  "Goodspeed  to   Virginia"    (1609);    by  Robert  Gray;    from 

Brown's  Genesis  of  the  United  States         .         .         .         .        7 

6.  "Nova  Britannia"   (1609);   anonymous;  from  Peter  Force's 

Historical  Tracts 10 

7.  The  "True  and  Sincere  Declaration"   by  the  London  Com 

pany  (1609),  with  a  "Table  of  such  [colonists]  as  are  re 
quired  "  ;  from  Brown's  Genesis  of  the  United  States         .       12 

8.  Marston's  Eastward  Hoe  I  (1605) 15 

9.  Crashaw's  "Daily  Prayer"  for  use  in  Virginia  (1609);  from 

Force's  Historical  Tracts 16 

10.  Crashaw's    "Sermon"    before    Lord    Delaware's    Expedition 

(1610)  ;  from  Brown's  Genesis  of  the  United  States         .       16 

11.  A  letter  by  Sir  Edwin  Sandys  (1612)  to  stockholders  of  the 

London  Company  ;  from  Neill's  Virginia  and  Virginiola  .       17 

12.  The  glories  of  Virginia  ;  from  a  letter  from  Sir  Thomas  Dale 

(governor  in  Virginia)  to  Sir  Thomas  Smith  (head  of  the 
London  Company),  in  1613  ;  from  the  Records  of  the  Vir 
ginia  Company  of  London,  edited  by  Susan  Kingsbury       .       17 
vi 


TABLE   OF  CONTENTS  vii 

NUMBER  PAGE 

13.  A  defense  of  the  London  Company  (declared  not  mercenary) 

by  Captain  John  Smith  (1616)  ;  from  Smith's  Generall 
Historic  of  Virginia  .  .  .  .  .  .  ••'  •  .18 

14.  A  plea  for   colonization   on   patriotic   and   religious   grounds 

(1631),  by  Captain  John  Smith;  Works      ....       18 

III.  Virginia  (1606-1619) ,  to  the  Introduction  of  Self-govern 

ment 

15.  The  charter  of  Sir  Humphrey  Gilbert  (1578)  ;  from  Hakluyt's 

Voyages  and  Discoveries      . 20 

16.  The  Virginia  charter  of  1606 ;  from  the  Appendix  to  Stith's 

History  of  Virginia      ........      23 

17.  Instructions  by  King  James  to  the  London  Company  (Novem 

ber  20/30,  1606)  ;  from  Hening's  Statutes  at  Large     .        .       29 

18.  Instructions  from  the  Council  of  the  Virginia  Company  to  the 

first  Jamestown  expedition  (December,  1606) ;  from  Neill's 
Virginia  Company  .  .  .  .  .  .  .  .32 

19.  The  early  settlers  and  their  sufferings  : 

a.  A    "Discourse"   by  Master  George   Percy    (1607); 

from  "Purchas  his  Pilgrimes"  (1625)     ...       35 

b.  An  account  of  "gentlemen"  in  Virginia,  by  Amos 

Todkill  (1608)  ;  from  Smith's  Works       ...       36 

20.  The  Virginia  charter  of  1609  (with  hints  for  study)  ;  from  the 

Appendix  to  Stith's  History  of  Virginia      ....      37 

21.  The  Virginia  charter  of  1612  (the  portions  relating  to  a  more 

democratic  organization  of  the  Company  and  its  powers) ;  ib.      44 

22.  The  danger  from  Spanish  attack:  correspondence  of  Spanish 

and  English  ambassadors  with  their  respective  govern 
ments  ;  from  Brown's  Genesis  of  the  United  States  .  .  47 

IV.  Virginia  under  the  Liberal  Company,  1619-1624 

23.  Rules  of  the  Virginia  Company  (1619)  ;  from  Force's  Historical 

Tracts 51 

24.  An  "Order"  of  the  Company  authorizing  temporary  self-gov 

ernment  in  its  plantations  (February  2/12,  1619/1620)  ; 
from  Susan  Kingsbury's  Records  of  the  Virginia  Company 
of  London  ..........  53 

25.  Records  of  the  Assembly  of  .1619  ;  from  Wynne  and  Oilman's 

Colonial  Records  of  Virginia 53 


viii  TABLE  OF  CONTENTS 

NUMBER  PAGE 

26.  The  "Declaration"  by  the  Company  (drawn  by  Sandys),  June 

22/July  2,  1620,  justifying  the  liberal  management ;  from 
Susan  Kingsbury's  Eecords  of  the  Virginia  Company  of 
London  ..........  63 

27.  The  Ordinance  of  1621,  — a  grant  of  limited  self-government  by 

the  Company  to  the  settlers,  with  authorization  of  a  repre 
sentative  Assembly  ;  from  the  Appendix  to  Stith's  History 
of  Virginia 70 

28.  Attempts  by  King  James  to  control  the  elections  in  the  Com 

pany  in  favor  of  the  "  court  party  "  in  1620  and  1622  ;  from 
Susan  Kingsbury's  Records  of  the  Virginia  Company  of 
London  ..........  73 

V.    Virginia  a  Royal  Province :  Struggle  to  save  the  Assembly 

29.  Royal  Commission  to  Governor  Wyatt  and  his  Council  (1624), 

ignoring  the  Assembly  ;  from  Hazard's  State  Papers  .         .      80 

30.  Royal  commission  to  Governor  Yeardley  (1625),  to  like  pur 

pose  ;  from  Hazard's  State  Papers 82 

31.  Protests  in  the  Colony  : 

a.  The  Assembly's  precautionary  "bill  of  rights,"  with 
statement  of  the  principle,  "No  taxation  without 
representation ' '  (three  laws  from  the  session  of 
March,  1624)  ;  from  Hening's  Statutes  at  Large  .  83 

6.  Requests  from  the  colony  for  aid,  and,  indirectly,  for 
an  Assembly : 

1.  Letter  from  the  Governor  and  Council  to  the 

Special  Commission  in  England  (April, 
1626)  ;  from  the  Aspinwall  Papers,  in  Mas 
sachusetts  Historical  Society  Collections  .  84 

2.  Letter  from   the   same   to   the  same    (May, 

1626)  ;  from  the  Virginia  Magazine  of 
History 85 

32.  Restoration  of  the  Assembly  by  royal  authority  (1629)  : 

a.  Captain  Harvey's  "  Propositions  "  (after  appointment 

as  governor)  ;  ib,  .        .        .        .        .        .86 

b.  The  King's  answer  to  the  same  ;  ib 86 

c.  Royal  instructions  to  Governor  Berkeley  (1641)  ;  ib.      87 

33.  Virginian  legislation,  financial  and  moral ;  from  Hening's  Stat 

utes  at  Large 87 


TABLE  OF  CONTENTS  k 

VI.  Virginia  under  the  Commonwealth 

NUMBER  PAGE 

34.  Terms  of  settlement  between  Parliamentary  Commissioners  and 

the  Assembly  (1652)  ;  from  Hening's  Statutes  at  Large        .     90 

35.  Legislation  restricting  the  franchise,  and  restoring  it  to  the  old 

basis  ;  ib 92 

VII.  Maryland  to  1660 

36.  Lord  Baltimore's  letter  to  Charles  I  (1629),  describing  the  hard 

ships  of  the  Avalon  colony  and  asking  for  a  grant  in  u  Vir 
ginia"  ;  from  Scharf's  H istory  of  Maryland  ...  93 

37.  The  Maryland  charter  of  1632  ;  from  Bacon's  Laws  of  Maryland      94 

38.  Extracts  from  the  Avalon  charter  of  1623  (with  comparison 

with  the  Maryland  grant)  ;  from  Scharf's  History  of  Mary 
land  99 

39.  Excursus:    Extracts  from  the  Plowden  grant  of  New  Albion 

of  1634,  and  the  Gorges  grant  of  Maine  of  1639  (for  com 
parison  with  the  foregoing,  in  tracing  the  development  of 
royal  approval  of  representative  institutions  in  the  colo 
nies)  ;  the  documents  from  Hazard's  State  Papers  .  .  100 

40.  The  "  Toleration  Act "  of  1649 ;  from  the  Maryland  Archives  .     102 

B.     NEW  ENGLAND   TO    1660 

VIII.  An  Early  Exploration 

41.  Captain  George  Wey mouth's  "True  Relation"  of  his  voyage 

in  1605  to  the  coast  of  Maine  ;  from  the  Massachusetts  His 
torical  Society  Collections 106 

IX.  The  First  Source  of  New  England  Land  Titles 

42.  The  charter  of  1620  for  the  Plymouth  Council  (sometimes  called 

the  Council  for  New  England)  ;  from  Hazard's  State  Papers     109 

X.  Plymouth  Colony 

43.  Negotiations  between  the  Pilgrims  and  the  Virginia  Company 

for  the  Wincob  charter :  Cushman's  letter  explaining  the 
delay  ;  from  Bradford's  Plymouth  Plantation  .  .  .  113 

44.  Articles  of  Partnership  between   Pilgrims  and  London  mer 

chants  ;  ib 114 


X  TABLE   OF   CONTENTS 

NUMBER  PAGE 

45.  The  "farewell  letter"  from  Pastor  Robinson:  the  Pilgrims  a 

"  body  politic "  with  power  of  self-government ;  ib.    .         .     116 

46.  The  Mayflower  Compact;  ib.  ;  with  addendum  —  The  Exeter 

Agreement ;  from  Hazard's  State  Papers    .         .        .        .116 

47.  The  Peirce  charter  of  June,  1621,  from  the  New  England  Coun 

cil  ;  from  the  Massachusetts  Historical  Society  Collections    118 

48.  Early  history  and  hardships  :  * 

a.  Edward  Winslow's  letter  of  December,  1621,  to  a 
friend  in  England  ;  from  Arber's  Story  of  the  Pil 
grim  Fathers 120 

6.    Captain  John  Smith's  account,  in  1624  ;    Works        .     122 

49.  The  final  source  of  Plymouth  land  titles  : 

a.   Bradford's   Patent   of    1630;   from    Hazard's    State 

Papers 124 

&.    Bradford's  surrender  of  the  same  to  the  colony  ;  ib.  .  126 

50.  Extracts  from  the  "Fundamental  Laws"  of  1636;  ib.       .         .  127 

XI.    The  Founding  of  Massachusetts  Bay 

51.  The  Gorges  claim  : 

a.  The  charter  from  the  New  England  Council  to  Robert 

Gorges     (1622)  ;     from    Sir    Ferdinando     Gorges' 

"  Briefe  Narration,"  in  Hazard's  State  Papers        .     129 

b.  The  Gorges  expedition  of  1623 ;  16.,  in  Massachusetts 

Historical  Society  Collections 131 

52.  The  founding  of  Salem  and  Charlestown  :  White's  "Relation" 

(1630)  ;  from  Young's  Massachusetts  Chronicles         .         .     132 

53.  The  Massachusetts  Company's  charter  of  1629  ;  from  the  Rec 

ords  of  the  Governor  and  Company  of  Massachusetts  Bay, 
edited  by  Nathaniel  Shurtleff  (usually  quoted  here  as  the 
Massachusetts  Colonial  Records) 137 

54.  The  docket  of  the  above  charter,  as  it  was  presented  for  royal 

approval  (showing  the  King's  expectation  that  the  charter 
was  to  remain  in  England  ;  from  the  Massachusetts  His 
torical  Society  Proceedings  for  1869-1870  .  .  .  .144 

1  Bradford's  Plymouth  Plantation,  the  main  source  for  this  topic,  is  quoted 
so  extensively  in  the  American  History  and  Government  that  it  is  not  used 
here  in  this  connection. 


TABLE   OF   CONTENTS  xi 


55.  Excursus :  discussion  of  the  original  intention  of  the  grantees 

in  the  Massachusetts  charter  as  to  removing  to  America, 
with  illuminating  extracts  from  the  "Charter  of  the  Com 
pany  of  Westminster  for  the  Plantation  of  Providence 
Isle";  (the  document  from  the  manuscript  in  British 
Record  Office) .  .146 

56.  Agreement  between  the  Massachusetts  Company  in  England 

and  the  Rev.  Francis  Higginson,  on  his  removal  to  Amer 
ica  ;  from  Young's  Chronicles  of  Massachusetts  .  .  148 

57.  Establishment   of    a    subordinate    government  in   the  colony 

(April,  1629),  by  order  of  the  Company  in  England  ;  from 

the  Massachusetts  Colonial  Records    .....     150 

XII.     The  Colony  Becomes  Puritan 

58.  The  decision  to  transfer  the  government  and  charter  to  the 

colony : 

a.  The  first  official  proposal,  by  Governor  Cradock,  at  a 

meeting  of  the  Company  in  London  (July  28,  1629)  ; 
from  the  Massachusetts  Colonial  Records        .         .     153 

b.  The  Cambridge  Agreement ;  from  Young's  Chronicles 

of  Massachusetts       .......     154 

c.  The  final  decision  by  the  Company ;  from  the  Colo 

nial  Records 156 

59.  Decision  of  Puritan  gentlemen  to  settle  in  the  colony : 

a.   John   Winthrop's  argument  for  a  Puritan   colony ; 

from  Winthrop's  Life  and  Letters  of  John  Winthrop     157 
6.    Winthrop's  reasons  for  himself  coming  to  America;  ib.      159 

c.  The  decision  of  John  Winthrop,  Jr.  ;  ib.      .        .         .     160 

d.  Higginson 's    "News    from    New    England";     from 

Young's  Chronicles  of  Massachusetts       .         .         .161 

60.  The  attitude  of  the  early  Puritan  colonists  toward  the  Church 

of  England  : 

a.  Winthrop's  farewell  letter  to  the  Church  of  England  ; 

Life  and  Letters 162 

b.  Captain  John  Smith's  opinion  of  the  Puritans  in  1630 

(not  Separatists)  ;  from  Smith's  Works  .         .        .     164 

61.  Political  principles  of  the  Puritan  leaders  (distrust  of  democ 

racy)  :  illustrated  by  extracts  from  Calvin's  Institutes        .     164 


Xll  TABLE   OF   CONTENTS 

NUMBER  PAGE 

62.  Early  hardships  and  religious  tendencies  : 

a.   From  Winthrop's  History  of  New  England,  1630-1631     168 
6.   From  Winthrop's  letters  to  his  wife  ;  Life  and  Letters     171 
c.    From  Thomas  Dudley's  letter  to  the  Countess  of  Lin 
coln  (1631)  ;   from  Young's  Chronicles  of  Massa 
chusetts    .........     174 

XIII.    Development  of  Democracy 

63.  Oligarchic  usurpations  in  1630-1631 ;  from  the  Colonial  Records    178 

64.  The  "  Watertown  Protest"  against  taxation  without  represen 

tation  (the  first  popular  movement),  in  1632,  and  the  con 
sequent  resumption  by  the  democracy  of  some  of  their 
rights  ;  from  Winthrop's  History  of  New  England  .  .  180 

65.  Sample  legislation  under  aristocratic  rule,  1630-1633  ;  from  the 

Colonial  Records 183 

66.  The  beginning  of  town  government,  at  Dorchester  ;  from  the 

Dorchester  Records 188 

67.  The  development  of  representative  government : 

a.  Winthrop's  account ;  from  his  History  of  New  England    189 
6.  The  official  records  of  the  revolutionary  General  Court 

of  1634  ;  from  the  Colonial  Records        .        .        .191 

68.  Political  reaction  :  the  magistrates  demand  a  "negative  voice  "  ; 

from  Winthrop's  History  of  New  England  ....     194 

69.  The  Puritan  government  denies  free  speech  in  political  mat 

ters ;  ib 195 

70.  The  adoption  of  the  ballot  in  elections  in  the  General  Court ;  ib.     196 

71.  The  first  use  of  the  ballot  in  local  elections  ;  ib.          .        .         .     197 

72.  A  military  commission  with  power  of  martial  law;  from  the 

Colonial  Records          ........     198 

73.  Winthrop's  account  of  various  political  actions  :  a  "  Life  Coun 

cil  "  ;  extension  of  the  ballot  by  the  use  of  proxies  ;  restric 
tion  of  "churches"  to  the  organizations  recognized  by  the 
government ;  from  Winthrop's  History  of  New  England  .  199 

74.  The  Wheelwright  controversy,  with  special  reference  to  political 

phases;  ib. 199 

75.  Political  and  social  conditions  in  Massachusetts  in  1636 : 

a.  "  Proposals ''  of  Lords  Say  and  Brooke,  with  the 
answers  of  John  Cotton  ;  from  the  Appendix  to 
Hutchinson's  History  of  Massachusetts  Say  .  .  201 


TABLE   OF  CONTENTS  xiii 


6.    Legislation  of  1651  regarding  dress  of  different  classes  ; 

from  the  Colonial  Records 205 

76.  Attack  upon  the  charter  : 

a.   An  order  in  Council  in  England  for  its  surrender  ; 

from  Hutchinson's  Original  Papers         .         .        .     206 
6.   The  defiant  refusal  of  the  Colony  ;  from  Winthrop's 

History  of  New  England 207 

77.  Democratic  discontent  with  aristocratic  privilege  in  1639  (Win 

throp's  denial  of  the  right  of  petition  ;  the  abolition  of  Life 
Council ;  delay  in  conceding  a  written  code)  ;  ib.  .  .  210 

78.  The  "Body  of  Liberties";  from  Whitmore's  Bibliographical 

Sketch  of  the  Laws  of  Massachusetts  Colony        .        .         .     214 

79.  A  Puritan  view  of  the  rules  of  fair  trade  (Cotton's  sermon 

upon  the  conviction  of  a  shopkeeper  for  exacting  exorbi 
tant  profits)  ;  from  Winthrop's  History  of  New  England  .  225 

80.  The  separation  of  the  General  Court  into  two  Houses  (the  first 

two-chambered  legislature  in  America)  ;  the  story  from 
Winthrop's  History  of  New  England,  and  the  preamble  of 
the  act  of  1644  from  the  Colonial  Records  .  .  .  .226 

81.  A  town  code  of  school  laws  (1645)  ;  from  the  Dorchester  Records    230 

82.  Colonial  school  laws  (1642  and  1647) ;  from  the  Colonial  Records    233 

83.  Representative  town  records  ( Watertown  Records,  1634-1678)     236 

XIV.    Massachusetts  and  Religious  Persecution 

84.  Puritan  arguments  for  and  against  persecution  : 

a.  From  Nathaniel   Ward's   Simple    Cobbler  of  Agga- 

wamm  (1647) 246 

b.  From   Captain   Edward  Johnson's    Wonder-working 

Providence    of   Sions    Saviour  in   New  England 
(1654) 248 

c.  The  discussion  between  Saltonstall  and  Cotton  (about 

1650)  ;  from  Hutchinson's  Original  Papers     .         .     249 

85.  Criticism  of  the  Massachusetts  way,  by  a  moderate  Episcopalian 

and  royalist  (Lechf ord's  Plaine  Dealing ;  1641 )      .     252 

86.  A  Presbyterian  demand  for  the  franchise  in  1646  (the  letter  of 

Dr.  Robert  Child  and  others  to  the  Governor  and 
General  Court)  ;  from  Hutchinson's  Original  Papers    255 


xiv  TABLE   OF   CONTENTS 

NTTMBKR  PACK 

87.  Trial  and  punishment  of  nonconformists  for  not  attending  ap 

proved  churches ;  from  the  Colonial  Records      .        .        .     259 

88.  Quaker  Persecutions  : 

<z.  Edward  Burrough's  appeal  to  King  Charles  (1660)  ; 
from  Burrough's  Sad  and  Great  Persecution  and 
Martyrdom  of  Quakers  in  New  England  .  .  260 

b.  Trial  of  the  Quaker,  Wenlock  Christison  (1661)  ; 
from  Besse's  Collection  of  the  Sufferings  of  the 
People  called  Quakers 263 

XV.  Rhode  Island  to  1660 

89.  The  first  covenant  at  Providence  (1636)  :  a  compact  in  "civil 

things  only"  ;    from  the  Early  Records  of  the  Town  of 
Providence 267 

90.  Roger  Williams'  argument  that  religious  freedom  is  consonant 

with  civil  order  (the  ship  illustration)  ;  from  Arnold's  His 
tory  of  Rhode  Island    268 

91.  The  Patent  for  Providence  Plantation  from  the  Council  of  the 

Long  Parliament  (1644),  restricting  the  government  to  civil 
matters ;  from  the  Rhode  Island  Colonial  Records     .         .     269 

92.  Rhode  Island's  answer  to  the  demand  of  Massachusetts  (a  re 

fusal  to  exclude  Quakers)  ;   from  the  Appendix  to  Hutch- 
inson's  Massachusetts  Bay 270 

XVI.  Connecticut  before  1660 

93.  The  Fundamental  Orders  of  1639  ;  from  the  Connecticut  Colo 

nial  Records 273 

XVII.  The  New  England  Confederation 

94.  The  constitution  (Articles  of  Confederation)  ;   from  the  New 

Haven  Colonial  Records      .......     280 

95.  The  demand  of  Massachusetts  for  more  weight  in  the  union, 

with  the  answer  of  the   Congress  of  the  Confederation ; 
from  the  Plymouth  Colony  Records 285 

96.  Nullification  by  Massachusetts,  with  the  protest  of  the  Con 

gress  of  the  Confederation ;  ib 287 

C.     COLONIAL  AMERICA 

XVIII.  Liberal  Charters 

97.  The  Connecticut  charter  of  1662  ;  from  the  Connecticut  Colo 

nial  Records  .    290 


TABLE   OF  CONTENTS  XV 

NUMBER  PAGK 

98.  The  Rhode  Island  charter  of  1663  (parts  referring  especially 

to  religious  liberty)  ;    from  the  Rhode  Island   Colonial 
Eecords 293 

XIX.     An  English  Colonial  System 

99.  Royal  instructions  for  the  "  Councill  appointed  for  Forraigne 

Plantations"  (1660);  from  ()'Callaghan'sZ>ocw?»ew£sreZa- 
tive  to  the  Colonial  History  of  New  York  ....     298 

100.  The  English  commercial  policy  : 

a.  The  "first"  Navigation  Act  (1660),  regarding  ship 
ping  and  "enumerated"  colonial  exports,  with 
note  from  the  Act  of  1662  explaining  that  "Eng 
lish"  ships  include  colonial;  from  Statutes  of  the 
Eealm 300 

6.  The  Navigation  Act  of  1663  (regarding  colonial  im 
ports)  ;  ib 301 

c.   The  Sugar  Act  of  1733  ;  ib 303 

101.  The  Duke  of  York's  charter  for  New  York  (1664)  ;    from 

O'Callaghan's  Documents  relative  to  Colonial  History  of 
New  York 305 

102.  Penn's  grant  of  Pennsylvania  (1680)  ;  from  the  Charters  and 

Laws  of  Pennsylvania 307 

103.  Penn's  grants  to  the  Pennsylvanians  : 

a.  "Laws   agreed  upon   in   England"    (1683);    from 

Hazard's  Annals  of  Pennsylvania          ."       .         .     311 

b.  The  "Charter  of  Privileges"  of  1701  ;  from  Votes 

and  Proceedings  of  the  House  of  Representatives 

of  Pennsylvania      .......     314 

104.  Berkeley's  Report  on  Virginia  in  1671 ;  from  Hening's  Statutes    319 

105.  The  franchise  in  Virginia  restricted  (the  Act  of  1670)  ;  ib.      .     324 

106.  "Bacon's  Laws"  (the  legislation  of  the  revolutionary  Assem 

bly  of  1676)  ;  ib 325 

107.  The  proclamation  of  July,  1676,  by  Nathaniel  Bacon,  "  Gen- 

erall  by  Consent  of  the  People"  ;  from  the  Massachusetts 
Historical  Society  Collections 328 

108.  Testimony  by  various  county  courts  showing  that  democratic 

political  discontent  was  a  chief  cause  of  Bacon's  Rebel 
lion  ;  from  the  Virginia  Magazine  of  History     .         .        .     329 


xvi  TABLE   OF  CONTENTS 

NUMBER  PAGE 

109.  The  abolition  of  Bacon's  reforms  : 

a.  The  royal  order  ;  from  Hening's  Statutes  at  Large   .     330 

b.  The  repeal  of  "Bacon's  Laws"  by  the  Assembly  of 

1677  ;  ib 331 

110.  Self-government  in  Massachusetts  restricted  : 

a.  Randolph's  report  to  the   Lords   of  Trade ;    from 

Hutchinson's  Original  Papers         ....    331 

b.  The  Massachusetts  charter  of  1601  ;  from  Acts  and 

Resolves  of  the  Province  of  Massachusetts  Bay      .     333 

111.  Attempts  by  England  at  closer  control : 

a.  Recommendation  of  the  Board  of  Trade  (1701)  that 

all  charter  colonies  be  transformed  into  royal  prov 
inces  by  act  of  parliament ;  from  the  North  Caro 
lina  Colonial  Records 339 

b.  The  feeling  of  the  colonists  (extracts  from  a  pam 

phlet  by  John  Wise,  minister  of  Ipswich)       .        .     342 

c.  The  action  of  a  Boston  town  meeting  relative  to  a 

proposed  permanent  salary  for  the  colonial  Gov 
ernor  ;  from  the  Boston  Town  Records  .  .  343 

d.  Connecticut's  refusal  to  obey  a  royal  officer  commis 

sioned  to  command  her  militia  (a  private  letter  of 
Governor  Fletcher,  describing  his  repulse)  ;  from 
the  New  York  Colonial  Documents  .  .  .  347 

112.  The  commission  of  a  royal  governor  (from  George  III  to  Ben- 

ning  Wentworth)  ;  from  the  New  Hampshire  Provincial 
Papers 349 

113.  Freedom  of  speech  vindicated  :  the  trial  of  John  Peter  Zenger 

for  criticising  the  governor  of  New  York ;  from  Zenger's 
Brief  Narrative  of  the  Case  and  Tryall     .        .        .        .352 

114.  Franklin's  "Albany  Plan"  for  the  union  of  the  colonies  un 

der  the  crown  : 

a.  An  account  of  the  motives  for  the  proposal;  from 

Franklin's  Works 358 

b.  The  document;  from  New  York  Colonial  Documents    359 

XX.    Harsh  Phases  of  Colonial  Life 

115.  Legal  punishments  in  Virginia :   "  pillory  and  ducking  stoole  " 

in  1662-1748 ;  from  Hening's  Statutes  at  Large         .         .     364 


TABLE   OF   CONTENTS  xvii 

NUMBER  , PAGE 

116.  White  "servants"    (indentured  and  others)   in   1774;    from 

Ecldes'  Letters  from  America      .        .        .        .         .        .     364 

117.  Advertisements  for  runaway  servants;  newspaper  extracts  for 

the  years  1770-1771,  from  the  New  Jersey  Archives  .         .     366 

D.    THE  REVOLUTION 

XXI.    Preliminary  Period  — to  1774 

118.  The  Sugar  Act  of  1764  ;  from  the  Statutes  of  the  Eealm  .        .     369     v' 

119.  The  Stamp  Act  of  1765 ;  ib .         .373 

120.  Reception  of  the  Stamp  Act  in  America : 

a.    Patrick  Henry's  Resolutions ;  from  the  Journals  of 

the  House  of  Burgesses  of  Virginia        .        .         .     374 
6.    A  Virginia  County  Association  against  the  Act;  ib.     375 

c.  The  stamp  distributor  for  Virginia  persuaded  to  re 

sign  (the  letter  from  Governor  Fauquier  to  the 
Lords  of  Trade) ;  ib.  .  .  .  .  .  .377 

d.  Threat   of   violence   against    any    who    should   use 

stamped  paper  ;  a  notice  in  the  New  York  Gazette 
of  February  27,  1766 ;  reproduced  in  the  New  Jer 
sey  Archives 380 

121.  Origin  of  the  Virginia  non -importation  agreement : 

a.  Protest  of  the  Burgesses  against  the  proposal  of  the 
English  government  to  send  Americans  to  England 
for  trial  (May  16,  1769) ;  from  the  Journals  of  the 
House  of  Burgesses  .  .  .  .  .  .  380 

6.  The  "association"  of  the  ex-Burgesses  (May  18, 

1769);  ib.  t 383 

122.  The  origin  of  the  Massachusetts  town-committees  of  corre 

spondence  ;  from  the  Boston  Town  Records       .         .         .     387 

123.  The  creation  of  Intercolonial  Committees  of  Correspondence  : 

a.  Jefferson's  later  account ;  from  Jefferson's  Writings  390 
6.  The  action  of  the  Virginia  House  of  Burgesses ;  from 

the  Journals  . 391 

c.  .Letters  from  other  colonies  received  by  the  Virginia 

Committee,  approving  the  recommendation ;  ib.    .     392 

124.  Intimidation  of  the  owners  of  tea  ships  (a  Philadelphia  hand 

bill  by  "The  Committee  for  Tarring  and  Feathering")  ; 
from  Scharf  and  Westcott's  History  of  Philadelphia          .     394 


xviii  TABLE   OF  CONTENTS 


XXII.    The  Rise  of  Revolutionary  Governments 

NUMBER  PAGE 

125.  The  Virginia  Burgesses  suggest  an  annual  Congress  (1774)  : 

a.  Extract  from  a  letter  by  a  member  of  the  Assembly ; 

from  Force's  American  Archives    ....     396 

b.  Jefferson's  account  of  the  plan  for  declaring  a  day  of 

prayer  and  fasting,  on  receipt  by  the  Burgesses  of 
the  news  of  the  Boston  Port  Bill ;  from  Jefferson"* s 
Works 397 

c.  Resolution  of  the  Burgesses  appointing  June  1,  1774, 

a  day  of  prayer  and  fasting ;  from  the  Journals    .     398 

d.  The  consequent  dissolution  of  the  Assembly  by  the 

Governor;  ib.          . 399 

e.  The  ex-Burgesses  suggest  an  annual  Continental  Con 

gress;  ib 399 

/.  Letters  from  the  Virginia  Committee  of  Correspond 
ence  to  the  other  colonies,  conveying  Virginia's 
suggestion  for  an  annual  Congress;  ib.  .  .  401 
g.  The  answer  of  Rhode  Island  to  Virginia,  with  the 
appointment  of  delegates  to  the  proposed  Con 
gress ;  ib 403 

126.  A  "call"  for  the  Continental  Congress  from  the  Massachu 

setts  Assembly  (June  17)    .        .         .         .         .         .         .    405 

127.  A  Virginia  county  (Frederick)  suggests  a  Continental  Con 

gress  and  a  "  General  Association  "  of  the  colonies  (June 

8)  ;  from  Force's  American  Archives          ....    406 

128.  Virginia  issues  the  first  call  for  a  provincial  convention  (to 

elect  delegates  to  the  Continental  Congress)  ;  ib. : 

a.  Suggestion  from  the  ex-Burgesses,  May  30,  1774       .     407 

b.  Sample  notice  of  the  call  by  an  ex-Burgess  to  his 

county  (a  letter  from  Thomas  Mason  of  June  16)     408 

c.  Typical  call  (June  27)  by  a  county  committee  for  a 

county  meeting  (Norfolk)  to  instruct  delegates  to 

the  coming  provincial  convention  ....    409 

129.  Typical  Instructions  by  Virginia  county  meetings :     * 

a.    Westmoreland  County       .         .         .         .         .         .410 

6.    George  Washington's  county  (Fairfax)      .         .         .     412 
c.   Nansemond  County 416 


TABLE   OF   CONTENTS  xix 

NUMBER  PAGE 

d.  York  County 417 

e.  Middlesex  County  (disapproval  of  the  Boston  Tea 

Party) 417 

130.  The  First  Continental  Congress  : 

a.   The  decision  upon  how  the  colonies  should  vote; 

from  John  Adams'  "Diary"  in  his  Works    .         .     418 
6.    Adams'  impressions  of  the  meeting  at  its  close ;  ib.     420 

c.  The  Declaration  of  Rights ;  from  Ford's  Journals  of 

the  Continental  Congress       .....     421 

d.  The  Act  of  Association ;  ib 427 

131.  Typical  resolutions  by  a  Virginia  county   (Prince   William) 

approving  the  Association  of  the  Continental  Congress; 
from  Force's  American  Archives 432 

132.  Virginia  cpunty  conventions  become   de  facto    governments 

(typical  action  by  Fairfax  County,  organizing  a  Revolu 
tionary  militia  (January  17,  1775) ;  ib.  .  .  .  433 

133.  The  Virginia  Provincial  Convention  becomes  a  government : 

a.  Cumberland  County  instructs  delegates  for  prepara 

tion  for  war ;  ib 435 

b.  The  Second  Virginia  Convention  arms  and  taxes  the 

colony;  ib 436 

c.  The  Third  Convention   (June,    1775)    assumes  the 

forms  of  a  government;  from  Virginia  Calendar 

of  State  Papers 442 

XXIH.    Independence 

134.  Charlotte   County,    Virginia,    instructs  delegates    (April   23, 

1776)  to  the  coming  Fourth  Virginia  Convention  to  favor 
independence  and  an  independent  State  constitution; 
Force's  American  Archives  ......  443 

135.  The  Virginia  Convention,  May  15,  instructs  for  independence 

and  adopts  resolutions  for  a  bill  of  rights  and  a  constitu 
tion;  ib 445 

136.  The  Virginia  Bill  of  Rights ;  from  Poore's  Charters  and  Con 

stitutions    446 

137.  Virginia's  Declaration  of  Independence,  June  29,  1776;  from 

Jefferson's  Writings   ........    450 


XX  TABLE  OF  CONTENTS 

NUMBER  PAGE 

138.  Revolutionary  State  Governments  : 

a.  The  recommendation  of  Congress  of  May  15,  1776; 

from  Ford's  Journals  of  Congress          .        .         .    452 

b.  John  Adams'  comment ;  from  John  Adams'1  Letters 

to  Abigail  Adams    .......     453 

139.  The  Maryland  Convention  instructs  its  delegates  in  Congress 

against  independence;  from  Proceedings  of  the  Conven 
tions  of  Maryland 454 

140.  Lee's  motion  for  Independence  in   Congress;    from    Ford's 

Journals 458 

141.  The  Declaration  of  Independence  of  July  4,  1776 ;  from  Ford's 

Journals  of  Congress          .......     459 

142.  Anti-social  tendencies  of  pre-Revolutionary  measures  : 

a.  The  effect  of  closing  the  courts  (Adams'  account  of  his 

welcome  by  his  horse-jockey  client)  ;  from  John 
Adams'  Works 463 

b.  A  Tory's  protest  against  mob  violence,  in  a  parody 

on  Hamlet's  soliloquy ;  from  Moore's  Diary  of  the 
American  Revolution  ......  464 

c.  Correspondence   between   a  Tory   and    a    Commit 

tee,  showing  how  the  Tory  was  induced  to  sign 
a  recantation ;  from  Niles'  Principles  and  Acts  of 
the  Revolution 464 

143.  An  oath  of  allegiance  to  a  new  State  (Pennsylvania)  :  a  fac 

simile,  from  Scharf  and  Westcott's  History  of  Philadelphia    466 

144.  A  Loyalist's  pretended  "diary"  of  the  year  1789  (written 

in  1778),  to  show  the  danger  of  French  conquest;  from 
Tyler's  Literary  History  of  the  American  Revolution         .     467 

145.  A  statement  of  how  the  Revolution  set  free  social  forces ;  from 

David  Ramsey's  History  of  the  American  Revolution        .     468 


E.     CONFEDERATION  AND   CONSTITUTION 

XXIV.    The  Articles  of  Confederation 

146.  Debates  in  the  Congress  on  the  Articles ;  from  John  Adams1 

Works 470 

147.  The  Articles;  from  the  Revised  Statutes  of  the  United  States  .    475 


TABLE   OF   CONTENTS  Xxi 

XXV.  The  National  Domain 

NUMBER  PAGE 

148.  The  desire  for  Statehood  in  the  West,  and  Western  self-confi 

dence  ;  a  statement  by  a  convention  of  the  proposed  State 

of  Frankland 485 

149.  Organization  of  the  Western  Territory  by  Congress : 

a.  The  Ordinance  of  1784;  from  the  Journals  of  Con 

gress       .486 

b.  The  Northwest  Ordinance  (1787)  ;  ib.        .    '     .        .     488 

XXVI.  Drifting  toward  Anarchy 

150.  Gouverneur  Morris  to  John  Jay,  on  the  prospect  of  a  military 

dictator  ;  from  Sparks'  Life  and  Works  of  Gouverneur 
Morris 497 

151.  Shays'  Rebellion : 

a.  A  statement  of  grievances  by  Hampshire  County ; 

from  Minot's  History  of  the  Insurrection  in  Mas 
sachusetts  %  .    497 

b.  Washington's  alarm ;   letters  to  Henry  Lee  and  to 

Madison  ;  from  Washington's  Writings         .         .     500 

152.  A  shrewd  foreigner's  view  of  the  social  conflict  over  the  adop 

tion  of  a  new  Constitution  (Otto's  letter  to  Vergennes,  on 
the  failure  of  the  Annapolis  Convention)  ;  from  the  Ap 
pendix  to  Bancroft's  History  of  the  Constitution  .  .  502 

XXVII.  Making  the  Constitution 

153.  The  call  issued  by  the  Annapolis  Convention  for  a  Federal 

Convention ;  from  the  Documentary  History  of  the  Con 
stitution  506 

154.  Typical  credentials  of  delegates  to  the  Federal  Convention  (the 

Georgia  credentials)  ;  from  Farrand's  Records  of  the  Fed 
eral  Convention 510 

155.  George  Mason's  account  of  the  preliminaries  at  Philadelphia 

(a  letter  to  George  Mason,  Jr.,  May  20,  1787)  ;  ib.     .        .     512 

156.  The  "Virginia  Plan  ";  ib 514 

157.  George  Mason  on  aristocratic  and  democratic  forces  in  the 

Convention  at  its  opening  (letter  to  George  Mason,  Jr., 
June  1)  ;  ib 517 

158.  The  "  New  Jersey  Plan  ";  ib * .      .    618 


XX11  TABLE    OF   CONTENTS 

N  I'M  HER  PAGE 

159.  Hamilton's  plan ;  from  Hamilton's  Works        ....     621 

160.  Character  sketches  of  men  of  the  Convention,  by  William 

Pierce,  a  delegate  from  Georgia;  from  Farrand's  Records 

of  the  Federal  Convention 522 

161.  One  day  in  the  Convention,  —  the  critical  day's  debate  on  the 

Connecticut  Compromise ;  ib 532 

XXVIII.    Ratifying  the  Constitution 

162.  George  Mason's  objections  to  the  Constitution;   from  Kate 

Mason  Rowland's  Life  of  George  Mason    ....     543 

163.  Mason's  explanation  of  the  preparation  of  his  "  Objections  "  ; 

from  Farrand's  Records  of  the  Federal  Convention  .         .     546 

164.  A  Federalist  account  of  how  John  Hancock  was  induced  finally 

to  support  the  Constitution  in  the  Massachusetts  ratifying 
convention ;  by  Stephen  Higginson,  in  Writings  of  Laco  .     547 

165.  The  Federal  Constitution 55^ 

INDEX  OF  SOURCES    ..........     576 

SUBJECT  INDEX  .  580 


A   SOURCE   BOOK   IN   AMERICAN 
HISTORY 

I.   ENGLAND  IN   THE   SIXTEENTH   CENTURY 

1.    Classes  of  Englishmen 

William  Harrison,  in  Holinshed's  Chronicle  (1577).  Cf.  No.  75  on  like 
social  divisions  in  early  New  England  ;  and  see  American  History  and 
Government,  §  65. 

We  in  England  divide  our  people  commonlie  into  foure 
sorts,  as  gentlemen,  citizens  or  burgesses,  yeomen,  ...  or 
[and]  laborers.  Of  gentlemen  the  first  and  cheefe  (next  the 
king)  be  the  prince,  dukes,  marquesses,  earls,  viscounts,  and 
barons :  and  these  are  called  gentlemen  of  the  greater  sort,  or 
(as  our  common  usage  of  speech  is)  lords  and  noblemen :  and 
next  unto  them  be  knights,  esquiers,  and  last  of  all  they  that 
are  simplie  called  gentlemen,  .  .  .  Who  soever  studieth  the 
lawes  of  therealme,  who  so  abideth  in  the  universitie  giving 
his  mind  to  his  booke,  or  professeth  physicke  and  the  liberall 
sciences,  or  beside  his  service  in  the  roome  of  a  capteine  in  the 
warres,  or  good  counsell  given  at  home,  whereby  his  common 
wealth  is  benefited,  can  live  without  manuell  labour,  and 
thereto  is  able  and  will  beare  the  port,  charge,  and  countenance 
of  a  gentleman,  he  shall  for  monie  have  a  cote  and  armes 
bestowed  upon  him  by  heralds  (who  in  the  charter  of  the  same 
doo  of  custome  pretend  antiquitie  and  service,  and  manie  gaie 
things)  and,  thereunto  being  made  so  good  cheape,  be  called 
master,  which  is  the  title  that  men  give  to  esquiers  and  gentle 
men,  and  reputed  for  a  gentleman  ever  after.  .  .  . 

1 


2  ENGLAND   IN  THE   SIXTEENTH  CENTURY 

.  .  .  our  merchants  [are]  to  be  installed,  as  amongst  the 
citizens  (although  they  often  change  estate  with  gentlemen,  as 
gentlemen  doo  with  them,  by  a  mutuall  conversion  of  the  one 
into  the  other).  .  .  . 

Yeomen  are  ...  free  men,  borne  English,  and  [who]  may 
dispend  of  their  owne  free  land  in  yearelie  revenue,  to  the 
sumine  of  fortie  shillings  sterling,  or  six  pounds  as  monie  goeth 
in  our  times.  .  .  .  This  sort  of  people  have  a  certeine  pre- 
heminence,  and  more  estimation  than  labourers  and  the  com 
mon  sort  of  artificers,  and  commonlie  live  wealthilie,  keepe 
good  houses,  and  travell  to  get  riches.  They  are  also  for  the 
most  part  farmers  to  gentlemen  ...  or  at  the  leastwise  arti 
ficers,  and  with  grasing,  frequenting  of  markets,  and  keeping 
of  servants  (not  idle  servants  as  the  gentlemen  doo,  but  such  as 
get  both  their  owne  and  part  of  their  master's  living)  do  come 
to  great  welth,  in  somuch  that  manie  of  them  are  able  and  doo 
buie  the  lands  of  unthriftie  gentlemen,  and  often  setting  their 
sonnes  to  the  schooles,  to  the  universities,  and  to  the  Ins  of 
the  court,  or  otherwise  leaving  them  sufficient  lands  whereupon 
they  may  live  without  labour,  doo  make  them  by  those  means 
to  become  gentlemen.  These  were  they  that  in  times  past  made 
all  France  afraid.  .  .  . 

The  fourth  and  last  sort  of  people  in  England  are  daie 
labourers,  poore  husbandmen,  and  some  retailers  (which  have 
no  free  land)  copie  holders,  and  all  artificers,  —  as  tailers, 
shomakers,  carpenters,  brickmakers,  masons,  etc.  As  for 
slaves  and  bondmen  we  have  none,  naie  such  is  the  privilege 
of  our  countrie  by  the  especiall  grace  of  God,  and  bountie  of 
our  princes,  that  if  anie  come  hither  from  other  realms,  so 
soone  as  they  set  foot  on  land  they  become  so  free  of  condition 
as  their  masters.  .  .  .  This  fourth  and  last  sort  of  people 
therefore  have  neither  voice  nor  authoritie  in  the  common 
wealth,  but  are  to  be  ruled,  and  not  to  rule  other ;  yet  they 
are  not  altogither  neglected,  for  in  cities  and  corporat  townes, 
for  default  of  yeomen  they  are  faine  to  make  up  their  inquests 
[juries]  of  such  maner  of  people.  And  in  villages  they  are 


CLASSES  OF  ENGLISHMEN  3 

commonlie  made  churchwardens,  sidemen,  aleconners,  now  and 
then  constables,  and  manie  times  injoie  the  name  of  hed- 
boroughes.  Unto  this  sort  also  may  our  great  swarmes  of  idle 
serving  men  be  referred,  of  whome  there  runneth  a  proverbe ; 
'Young  serving  men,  old  beggers,'  bicause  service  is  none 
heritage.  .  .  . 


A.    SOUTHERN    COLONIES    TO    1660 

II.   MOTIVES   FOB,   EARLY   ENGLISH   COLONI 
ZATION 

2.   From  Sir  George  Peckham's  "  True  Report  " 

Richard  Hakluyt's  Voyages  .  .  .  and  Discoveries  (1589),  III,  167  ff. 
Peckhain  was  a  partner  in  Gilbert's  enterprise.     His  Report,  a  con 
siderable  pamphlet,  was  written  in  1582. 

.  .  .  To  conclude,  since  by  Christian  dutie  we  stand  bound 
chiefly  to  further  all  such  acts  as  do  tend  to  the  encreasing  the 
true  flock  of  Christ  by  reducing  into  the  right  way  those  lost 
sheepe  which  are  yet  astray  :  And  that  we  shall  therein  follow 
the  example  of  our  right  vertuous  predecessors  of  renowned 
memorie,  and  leave  unto  our  posteritie  a  divine  memoriall  of  so 
godly  an  enterprise :  Let  us,  I  say,  for  the  considerations  al- 
ledged,  enter  into  judgement  with  our  selves,  whether  this 
action  may  belong  to  us  or  no.  .  .  .  Then  shal  her  Majesties 
dominions  be  enlarged,  her  highnesse  ancient  titles  justly  con 
firmed,  all  odious  idlenesse  from  this  our  Realrne  utterly 
banished,  divers  decayed  townes  repaired,  and  many  poor  and 
needy  persons  relieved,  and  estates  of  such  as  now  live  in 
want  shail  be  embettered,  the  ignorant  and  barbarous  idolaters 
taught  to  know  Christ,  the  innocent  defended  from  their  bloodie 
tyrannical  neighbours,  the  diabolicall  custome  of  sacrificing 
humane  creatures  abolished.  .  .  . 

3.    A  Discourse  on  Western  Planting  by  Richard  Hakluyt,  1584 

Maine  Historical  Society  Collections,  Second  Series,  II  (1877). 

This  pamphlet  was  written  by  Hakluyt,  an  English  clergyman  and  an 
ardent  advocate  of  American  colonization,  at  Raleigh's  request,  to  influ 
ence  Queen  Elizabeth.  It  fills  107  pages  of  the  volume  of  the  Maine  col 
lections, 

4 


A  DISCOURSE   ON  WESTERN  PLANTING  5 

CHAPTER  I.  That  this  Westerns  discoverie  will  be  greately 
for  thinlargemente  of  the  gospell  of  Christe,  whereunto  the  princes 
of  the  Refourmed  Relligion  are  chefely  bounde,  amongeste  whome 
her  Majestie  ys  principall. 


Nowe  the  nieanes  to  sende  suche  as  shall  labour  effectually 
in  this  busines  ys,  by  plantinge  one  or  tuoo  colonies  of  our 
nation  upon  that  fyrme,  where  they  may  remaine  in  safetie, 
and  firste  learne  the  language  of  the  people  nere  adjoyninge 
(the  gifte  of  tongues  beinge  nowe  taken  awaye),  and  by  little 
and  little  acquaints  themselves  with  their  manner,  and  so  with 
discretion  and  myldeness  distill  into  their  purged  myndes 
the  swete  and  lively  liquor  of  the  gospel.  Otherwise  for 
preachers  to  come  unto  them  rashly  with  oute  some  suche 
preparation  for  their  safetie,  yt  were  nothinge  els  but  to 
ronne  to  their  apparaunte  and  certaine  destruction,  as  yt  hap 
pened  unto  those  Spanishe  ffryers,  that,  before  any  plantinge, 
withoute  strengthe  and  company,  landed  in  Fflorida,  where 
they  were  miserablye  massacred  by  the  savages. 


Now  yf  they  [Romanists],  in  their  superstition,  by  means  of 
their  plantinge  in  those  partes,  have  don  so  greate  thinges  in 
so  shorte  space,  what  may  wee  hope  for  in  our  true  and  syncere 
relligion,  proposinge  unto  ourselves  in  this  action  not  filthie  lucre 
nor  vaine  ostentation,  as  they  in  deede  did,  but  principally  the 
gayninge  of  the  soules  of  millions  of  those  wretched  people,  the 
reducinge  of  them  from  darkenes  to  lighte,  from  falsehoodde 
to  truthe,  from  dombe  idolls  to  the  lyvinge  God,  from  the  depe 
pitt  of  hell  to  the  highest  heavens. 


And  this  enterprise  the  princes  of  the  relligion  (amonge 
whome  her  Majestie  ys  principall)  oughte  the  rather  to  take  in 
hande,  because  the  papistes  confirme  themselves  and  drawe 


6        MOTIVES   FOR  EARLY  ENGLISH  COLONIZATION 

other  to  theire  side,  shewinge  that  they  are  the  true  Catholicke 
churche  because  they  have  bene  the  onely  converters  of  many 
millions  of  infidells  to  Christianttie.  Yea,  I  myselfe  have 
bene  demannded  of  them,  how  many  infidells  have  been  by  us 
converted  ?  .  .  .  Y.et  in  very  deede  I  was  not  able  to  name 
any  one  infidell  by  them  converted.  But  God,  quoth  I,  hath 
his  tyme  for  all  men,  whoe  calleth  some  at  the  nynthe,  and 
some  at  the  eleventh  houer.  And  if  it  please  him  to  move  the 
harte  of  her  Majestic  to  put  her  helpinge  hande  to  this  godly 
action,  she  shall  finde  as  willinge  subjectes  of  all  sortes  as  any 
other  prince  in  all  Christendome. 

******* 

CHAPTER  V.      That  this  voyadge  will  be  a  greate  bridle  to  the 
Indies  of  the  Kinge  of  Spaine  .  .  . 


But  the  plantinge  of  tuoo  or  three  stronge  fortes  upon  some 
goodd  havens  (whereof  there  is  greate  store)  betwene  Florida 
and  Cape  Briton,  woulde  be  a  matter  in  shorte  space  of  greater 
domage  as  well  to  his  flete  as  to  his  westerne  Indies ;  for  wee 
shoulde  not  onely  often  tymes  indannger  his  flete  in  the  returne 
thereof,  but  also  in  fewe  yeres  put  him  in  hazarde  in  loosinge 
some  parte  of  Nova  Hispania. 


Nowe  if  wee  (beinge  thereto  provoked  by  Spanishe  injuries) 
woulde  either  joyne  with  these  savages,  or  sende  or  give  them 
armor,  as  the  Spaniardes  arme  our  Irishe  rebells,  wee  shoulde 
trouble  the  Kinge  of  Spaine  more  in  those  partes,  than  he  hath 
or  can  trouble  us  in  Ireland,  and  holde  him  at  suche  a  bay  as 
he  was  never  yet  helde  at.1 

1  Sir  Philip  Sydney  urged  his  countrymen  "  to  check  the  dangerous  and 
increasing  power  of  Spain  and  Rome  in  the  New  World  by  planting  English 
protestant  settlements  there,  which  will  increase  until  they  extend  from 
ocean  to  ocean."  (Brown,  First  Republic,  1,  2.) 


GOODSPEED  TO  VIRGINIA,  1609  7 

4.   Drayton's  Ode  to  the  Virginian  Voyage 

This  poem  was  written  by  Michael  Drayton  in  1606,  in  honor  of  the 
proposed  Virginian  voyage  that  founded  Jamestown.  The  complete  Ode 
contains  twelve  stanzas,  as  printed  in  Drayton's  Poems  in  1619.  It  is 
reprinted  in  full  in  Brown's  Genesis  of  the  United  States,  I,  86-87. 

***** 

You  brave  heroique  minds, 

Worthy  your  countries  name, 

That  honour  still  pursue, 

Goe,  and  subdue, 

Whilst  loyt'ring  hinds 

Lurk  here  at  home  with  shame. 
***** 

And  cheerefully  at  sea, 

Successe  you  still  intice, 

To  get  the  pearle  and  gold, 

And  ours  to  hold, 

Virginia, 

Earth's  only  Paradise. 
***** 

And  in  regions  farre, 

Such  heroes  bring  yee  forth 

As  those  from  whom  we  came  ; 

And  plant  our  name 

Under  that  starre 

Not  knowne  unto  our  north. 

5.  Goodspeed  to  Virginia,  1609 

This  pamphlet  (by  Robert  Gray)  contains  about  9000  words.  It  was 
never  printed.  Extracts  are  given  in  Brown's  Genesis  of  the  United 
States,  293  ff.  It  was  written  to  encourage  the  reorganization  of  the 
Virginia  Company  in  1609.  (Cf.  American  History  and  Government, 
§25.)  The  first  of  the  extracts  below  comes  from  the  "Epistle 
Dedicatory." 

To  the  Right  Noble  and  Honorable  Earles,  Barons,  and  Lords, 
and  to  the  Right  Worshipfull  Knights,  Merchants,  and  Gentlemen, 


8     MOTIVES  FOR  EARLY  ENGLISH  COLONIZATION 

Adventurers  for  the  plantation  of  Virginea,  all  happie  and  pros 
perous  successe,  which  may  either  augment  your  glorie,  or  increase 
your  wealth,  or  purchase  your  eternitie. 

Time  .  .  .  consumes  both  man  and  his  memorie.  It  is  not 
brasse  nor  marble  that  can  perpetuate  immortalitie  of  name 
upon  the  earth.  [But]  A  right  sure  foundation  .  .  .  have 
you  (My  Lords  and  the  rest  of  the  most  Worthie  Adventurers 
for  Virginia)  laid  for  the  immortalitie  of  your  names  and 
memorie,  which,  for  the  advancement  of  Gods  glorie,  the  re- 
nowne  of  his  Majestic,  and  the  good  of  your  Countrie,  have 
undertaken  so  honourable  a  project,  as  all  posterities  shall 
blesse :  and  Uphold  your  names  and  memories  so  long  as  the 
Sunne  and  Moone  endureth :  Whereas  they  which  preferre 
their  money  before  vertue,  their  pleasure  before  honour,  and 
their  sensuall  securitie  before  heroicall  adventures,  shall 
perish  with  their  money,  die  with  their  pleasures,  and  be  buried 
in  everlasting  forgetfulnes.  .  .  .  • 

And  therefore  we  may  justly  say,  as  the  children  of  Israel 
say  here  to  Joshua,  we  are  a  great  people,  and  the  lande  is  too 
narrow  for  us ;  so  that  whatsoever  we  have  beene,  now  it  be 
hooves  us  to  be  both  prudent  and  politicke,  and  not  to  deride 
and  reject  good  powers  of  profitable  and  gainefull  expectation ; 
but  rather  to  embrace  every  occasion  which  hath  any  probabil- 
itie  in  its  future  hopes  :  And  seeing  there  is  neither  preferment 
nor  employment  for  all  within  the  lists  of  our  Countrey,  we 
might  justly  be  accounted  as  in  former  times,  both  imprudent 
and  improvident,  if  we  will  yet  sit  with  our  armes  foulded  on 
our  bosomes,  and  not  rather  seeke  after  such  adventers  where 
by  the  Glory  of  God  may  be  advanced,  the  teritories  of  our 
Kingdome  inlarged,  our  people  both  preferred  and  employed 
abroad,  our  wants  supplyed  at  home,  His  Majesties  customes 
wonderfully  augmented,  and  the  honour  and  renown  of  our 
Nation  spread  and  propagated  to  the  ends  of  the  World.  .  .  . 

The  report  goeth,  that  in  Virginia  the  people  are  savage  and 
incredibly  rude,  they  worship  the  divell,  offer  their  young 
children  in  sacrifice  unto  him,  wander  up  and  downe  like  beasts, 


GOODSPEED  TO  VIRGINIA,  1609  9 

and  in  manners  and  conditions,  differ  very  little  from  beasts, 
having  no  Art,  nor  science,  nor  trade,  to  imploy  themselves,  or 
give  themselves  unto,  yet  by  nature  loving  and  gentle,  and 
desirous  to  imbrace  a  better  condition.  Oh  how  happy  were 
that  man  which  could  reduce  this  people  from  brutishness  to 
civilitie,  to  religion,  to  Christianitie,  to  the  saving  of  their 
souls.  .  .  . 

Farre  be  it  from  the  hearts  of  the  English,  they  should  give 
any  cause  to  the  world  to  say  that  they  sought  the  wealth  of 
that  Countrie  above  or  before  the  glorie  of  God,  and  the  propa 
gation  of  his  Kingdome. 

Their  second  objection  is  [the  argument  of  opponents  of 
colonization]  that  this  age  will  see  no  profit  of  this  plantation. 
Which  objection  admit  it  were  true,  yet  it  is  too  brutish,  and 
bewraies  their  neglect  and  incurious  respect  of  posteritie :  we 
are  not  borne  like  beasts  for  ourselves,  and  the  time  present 
only.  .  .  .  What  benefit  or  comfort  should  we  have  enjoyed  in 
things  of  this  world,  if  our  forefathers  had  not  provided  better 
for  us,  and  bin  more  carefully  respective  of  posteritie  than  for 
themselves  ?  We  sow,  we  set,  we  build,  not  so  much  for  our 
selves  as  for  posteritie ;  .  .  .  They  which  onely  are  for  them 
selves,  shall  die  in  themselves,  and  shall  not  have  a  name 
among  posterity ;  their  rootes  shall  be  dried  up  beneath,  and 
above  shall  their  branches  bee  cut  down,  their  remembrance 
shall  perish  from  the  earth,  and  they  shall  have  no  name  in 
the  street.  Job  xviii ;  16,  17. 

Others  object  to  the  continuall  charges  [assessments]  which 
will  prove  in  their  opinion  very  heavie  and  burdensome  to 
those  that  shall  undertake  the  said  Plantation.  These  like 
the  dog  in  the  manger,  neither  eate  hay  themselves,  neither 
will  they  suffer  the  Oxe  that  would.  They  never  think  any 
charge  too  much  that  may  any  way  increase  their  owne  private 
estate.  They  have  thousands  to  bestow  about  the  ingrossing 
of  a  commoditie,  or  upon  a  morgage,  or  to  take  their  neighbors 
house  over  his  head,  or  to  lend  upon  usurie ;  but  if  it  come  to 
a  publicke  good,  they  grone  under  the  least  burden  of  charges 


10     MOTIVES   FOR  EARLY  ENGLISH  COLONIZATION 

that  can  bee  required  of  them.  These  men  should  be  used  like 
sponges;  they  must  be  squeased,  seeing  they  drink  up  all,  and  will 
yeeld  to  nothing,  though  it  concerne  the  common  good  never 
so  greatly.  But  it  is  demonstratively  prooved  in  Nova  Bri 
tannia,  that  the  charges  about  this  Plantation  will  be  nothing, 
in  comparison  of  the  benefit  that  will  grow  thereof.  And 
what  notable  thing  I  pray  you  can  be  brought  to  passe  without 
charges  ?  .  .  .  Without  question,  he  that  saves  his  money,  where 
Gods  glory  is  to  be  advanced,  Christian  religion  propagated 
and  planted,  the  good  of  the  commonwealth  increased,  and  the 
glorious  renowne  of  the  King  inlarged  is  subject  to  the  curse 
of  Simon  Magus,  his  money  and  he  are  in  danger  to  perish  together. 
Let  none  therefore  find  delaies,  or  faine  excuses  to  withhold 
them  from  this  imployment  for  Virginia,  seeing  every  opposition 
against  it  is  an  opposition  against  God,  the  King,  the  Church, 
and  the  Commonwealth.  .  .  . 

6.  Nova  Britannia,  1609 

Peter  Force's  Historical  Tracts,  I  (Washington,  1836). 
This  tract  of  some  12,000  words  (equivalent  to  thirty-five  pages  of  this 
volume)  was  written  in  1609  for  the  same  purpose  as  No.  5  above. 

So  I  wish  and  intreat  all  well  affected  subjects,  some  in  their 
persons,  others  in  their  purses,  cheerefully  to  adventure,  and 
joyntly  take  in  hand  this  high  and  acceptable  worke,  tending 
to  advance  and  spread  the  kingdoms  of  God,  and  the  knowledge 
of  the  truth,  among  so  many  millions  of  men  and  women, 
Savage  and  blind,  that  never  yet  saw  the  true  light  shine  be 
fore  their  eyes  ...  as  also  for  the  honor  of  our  King,  and 
enlarging  of  his  kingdome,  and  for  preservation  and  defence  of 
that  small  number  our  friends  and  countrimen  already  planted, 
least  for  want  of  more  supplies  we  become  a  scorne  to  the 
world,  subjecting  our  former  adventures  to  apparent  spoile  and 
hazard,  and  our  people  (as  a  prey)  to  be  sackt  and  puld  out  of 
possession,  as  were  the  French  out  of  Nova  Francia,  not  many 
yeares  ago ;  and,  which  is  the  lest  and  last  respect  (yet  usuallie 


NOVA  BRITANNIA,  1609  11 

preferred),  for  the  singular  good  and  benefite  that  will  un 
doubtedly  arise  to  this  whole  nation,  and  to  everie  one  of  us  in 
particular,  that  will  adventure  therein. 

It  is  knowne  to  the  world  [reference  to  attempts  of  Ealeigh 
and  Gilbert]  how  the  present  generation,  scorning  to  sit 
downe  by  their  losses,  made  newe  attempts,  not  induring  to 
looke  on  whilst  so  huge  and  spacious  countries  (the  fourth 
part  of  the  world)  and  the  greatest  and  wealthiest  part  of  all 
the  rest,  should  remain  a  wilderness,  subject  (for  the  most 
part)  but  to  wild  beasts  and  fowles  of  the  ay  re,  and  to  savage 
people,  which  have  no  Christian  nor  civill  use  of  any  thing; 
and  that  the  subjects  onely  of  one  Prince  Christian  [Spaniards], 
which  but  within  the  memorie  of  man  began  first  to  creepe 
upon  the  face  of  those  Territories,  and  now  by  meanes  of  their 
remnants  settled  here  and  there,  do  therefore  imagine  the 
world  to  be  theirs,  shouldring  out  all  other  nations,  accounting 
themselves  Kings  and  Commanders,  not  onely  in  townes  and 
places  where  they  have  planted,  but  over  all  other  partes  of 
America,  which  containe  sundrie  vast  and  barbarous  Regions, 
many  of  which  (to  this  day)  they  never  knew,  nor  did  ever 
setle  foote  therein :  which  notwithstanding,  if  it  were  yeelded 
them  as  due,  yet  their  strength  and  meanes,  farre  iuferiour  to 
their  aspires,  will  never  stretch  to  compasse  .  .  .  the  hundredth 
part. 

But  seeing  we  so  passed  by  their  dwellings,  that  in  seating 
ourselves,  wee  sought  not  to  unsettle  them,  but  by  Gods  mercy, 
after  many  stormes,  were  brought  to  the  Coast  of  another 
countrie,  farre  distant  and  remote  from  their  habitations :  why 
should  any  frowne  or  envie  at  it ;  or  if  they  doe,  why  should 
wee  (neglecting  so  faire  an  opportunitie)  faint  or  feare  to  en 
large  our  selves  ?  Where  is  our  force  and  auncient  vigour  ? 
Doth  our  late  reputation  sleepe  in  the  dust  ?  No,  no,  let  not 
the  world  deceive  it  selfe;  we  still  remaine  the  same,  and  upon 
just  occasion  given,  we  shall  quickly  shew  it  too : 

.  .  .  But  wee  must  beware  that  .  .  .  that  bitter  root  of 
greedy  gaine  be  not  so  settled  in  our  harts,  that  beeing  in  a 


12      MOTIVES  FOR  EARLY   ENGLISH  COLONIZATION 

golden  dreame,  if  it  fall  not  out  presently  to  our  expectation, 
we  slinke  away  with  discontent,  and  draw  our  purses  from  the 
charge.  If  any  shew  this  affection,  I  would  wish  his  baseness 
of  minde  to  be  noted.  What  must  be  our  direction  then  ?  No 
more  but  this :  if  thou  dost  once  approve  the  worke,  lay  thy 
hand  to  it  cheerfully,  and  withdraw  it  not  till  thy  taske  bee 
done.  In  all  assayes  and  new  supplies  of  money  be  not  lagge, 
nor  like  a  dull  horse  thats  alwaies  in  the  lash ;  for  heere  lies 
the  poison  of  all  good  attempts,  when  as  men  without  hailing 
and  pulling,  will  not  be  drawne  to  performance,  for  by  this, 
others  are  discouraged,  the  action  lies  undone,  and  the  first 
expence  is  lost :  But  are  wee  to  looke  for  no  gaine  in  the  lewe 
of  all  adventures  ?  Yes  undoubtedly,  there  is  assured  hope  of 
gaine,  as  I  will  shew  anon  in  due  place ;  bat  look  it  be  not 
chief e  in  your  thoughts.  God,  that  hath  said  by  Solomon :  Cast 
thy  bread  upon  the  waters,  and  after  many  dales  thou  shall  find 
it :  he  will  give  the  blessing. 

.  .  .  Two  things  are  especially  required  herein,  people  to 
make  the  plantation,  and  money  to  furnish  our  present  pro 
visions  and  shippings  now  in  hand :  For  the  first,  wee  neede 
not  doubt,  our  land  abounding  with  swarmes  of  idle  persons, 
which  having  no  meanes  of  labour  to  releeve  their  misery,  doe 
likewise  swarm  e  in  lewd  and  naughtie  practises,  so  that  if  we 
seeke  not  some  waies  for  their  forreine  employment,  wee  must 
provide  shortly  more  prisons  and  corrections  for  their  bad 
conditions,  for  it  fares  with  populous  common  weales  as  with 
plants  and  trees  that  bee  too  frolicke,  which  not  able  to  sus- 
taine  and  feede  their  multitude  of  branches,  doe  admit  an 
engrafting  of  their  buds  and  sciences  into  some  other  soile, 
accounting  it  a  benefite  for  preservation  of  their  kind,  and  a 
disburdening  their  stocke  of  those  superfluous  twigs  that  suck 
away  their  nourishment. 

7.   Statement  of  the  Virginia  Company,  1609 

Brown's  Genesis  of  the  United  States,  I,  377  ff.  This  is  one  of  the 
pamphlets  put  forth  by  the  Company  to  stimulate  stock  subscription  and 


STATEMENT  OF  THE  VIRGINIA  COMPANY,   1609    13 

emigration.     As  to  the  motives  set  forth  in  it,  and  in  Nos.  2-6  above,  cf. 
American  History  and  Government,  §  17. 

A  True  and  Sincere  Declaration  of  the  Pwposes  and  Ends  of 
the  Plantation  in  Virginia.  By  Authority  of  the  Governor  and 
Councillors,  December  14,  1609.1 

...  If  all  these  be  yet  too  weake  to  confirm  the  doubtfull, 
or  awake  the  drousie,  then  let  us  come  nearer,  and  arise  from 
their  reasons  and  affections  to  their  soules  and  consciences: 
remember  that  what  was  at  first  but  of  conveniency,  and  for 
Honour  is  now  become  a  case  of  necessity  and  piety :  let  them 
consider,  that  they  have  promised  to  adventure  and  not  per 
formed  it;  that  they  have  encouraged  and  exposed  many  of 
Honorable  birth,  and  which  is  of  more  consequence  600  of  our 
Bretheren  by  our  common  mother  the  Church,  Christians  of  one 
Faith  and  one  Baptisme,  to  a  miserable  and  inevitable  death. 
Let  not  any  man  flatter  himself,  that  it  concernes  not  him,  for 
he  that  forsakes  whome  he  may  safely  releeve,  is  as  guilty  of 
his  death  as  he  that  can  swim,  and  forsakes  himself  by  refus 
ing,  is  of  his  owne.  Let  every  man  look  inward,  and  disperse 
that  cloud  of  avarice,  which  darkeneth  his  spiritual  sight  and 
he  will  finde  there  that  when  he  shall  appeare  before  the 
Tribunall  of  Heaven,  it  shall  be  questioned  him  what  he  hath 
done  ?  Hath  he  fed  and  clothed  the  hungry  and  naked  ?  It 
shall  be  required,  what  he  hath  done  for  the  advancement  of 
that  Gospell  which  hath  saved  him  ;  and  for  the  releefe  of  his 
makers  Image,  whome  he  was  bound  to  save  :  0  let  there  be  a 
vertuous  emulation  betweene  us  and  the  Church  of  Rome,  in 
her  owne  Glory,  and  Treasury  of  Good  Workes !  And  let  us 
turn  all  our  contentions  upon  the  common  enemy  of  the  Name 
of  CHRIST.  How  farre  hath  she  sent  out  her  Apostles  and 
thorough  how  glorious  dangers?  How  is  it  become  a  marke  of 
Honor  to  her  Faith,  to  have  converted  Nations,  and  an  obloquie 
cast  upon  us,  that  we,  having  the  better  Vine,  should  have 
worse  dressers  and  husbanders  of  it  ?  .  .  . 

1  Nos.  5-7  are  taken  from  the  voluminous  literature  of  like  character  in  one 
year,  in  order  to  make  more  vivid  the  amount  available. 


14      MOTIVES  FOR  EARLY  ENGLISH  COLONIZATION 

APPENDIX.  —  To  render  a  more  particular  satisfaction  and 
account.  .  .  .  And  to  avoyde  both  the  scandall  and  peril  of 
accepting  idle  and  wicked  persons;  such  as  shame  or  fear 
compels  into  this  action  (and  such  as  are  the  weedes  and  rank- 
nesse  of  this  land ;  who,  being  the  surfet  of  an  able,  healthy, 
and  composed  body  must  needes  be  the  poison  of  one  so  tender, 
feeble,  and  as  yet  unformed) ;  And  to  divulge  and  declare  to 
all  men,  what  kinde  of  persons,  as  well  for  their  religion  and 
conversations,  as  Faculties,  Arts  and  Trades,  we  propose  to 
accept  of:  —  We  have  thought  it  convenient  to  pronounce  that 
for  the  first  provision,  we  will  receive  no  man  that  cannot 
bring  or  render  some  good  testimony  of  his  religion  to  God, 
and  civil  manners  and  behaviour  to  his  neighbor  with  whom 
he  hath  lived ;  And  for  the  second,  we  have  set  downe  in  a 
Table  annexed,  the  proportion,  and  number  we  will  entertaine 
in  every  necessary  Arte,  upon  proofe  and  assurance  that  every 
man  shall  be  able  to  performe  that  which  he  doth  undertake, 
whereby  such  as  are  requisite  to  us  may  have  knowledge  and 
preparation  to  offer  themselves.  And  we  shall  be  ready  to 
give  honest  entertainment  and  content,  and  to  recompence 
with  extraordinary  reward,  every  fit  and  industrious  person 
respectively  to  his  Paines  and  quality. 

The  Table  of  such  as  are  required  to  This  Plantation. 

Foure    honest     and  learned      2.    Salt-makers. 

Ministers.  6.   Coopers. 

2.    Surgeons.  2.   Coller-makers  for  draught. 

2.    Druggists.  2.    Plow-wrights. 

10.    Iron  men  for  the  Furnace  and      4.    Rope-makers. 
Hammer.  6.   Vine-dressers. 

2.   Armorers.  2.  Presse-makers.         2.    Gun-Founders. 

2.   Joyners.  6.  Blacksmiths.          10.    Sawyers. 

2.    Sope-ashe  men.  6.  Carpenters.              4.   Pitch  Boylers. 

6.    Ship-wrights.  2.  Minerall  men.           6.    Gardeners. 

2.    Planters  of  Sugar-Cane.  2.  Silke-dressers.         4.   Turners. 

2.  Pearle  Drillers.  2.  Bakers.                     4.   Brickmakers. 

2.    Brewers.  2.  Tile-makers.             2.    Colliers. 

6.    Fowlers.  10.  Fishermen.               4.    Sturgeon  dressers. 


CRASHAW'S    '*  DAILY  PRAYER"  15 


8.   Marston's  "Eastward  Hoe" 

Marston  published  this  play  in  1605  to  caricature  the  intended 
Virginian  colonization.  The  name  is  a  survival  of  the  idea  that  Columbus 
had  found  the  East.  In  the  extract,  the  mate,  Sea  Gull,  at  a  tavern 
meeting,  is  persuading  some  young  blades  to  embark  for  the  venture. 

*  *  ***** 

Sea  Gull.  Come  boyes,  Virginia  longs  till  we  share  the 
rest  of  her  .  .  . 

Spendall.     Why,  is  she  inhabited  alreadie  with  any  English  ? 

Sea  Gull.  A  whole  countrie  of  English  is  there,  men  bread 
of  those  that  were  left  there  in  '79  [Ralegh's  colony  of  '87  is 
meant] ;  they  have  married  with  the  Indians  .  .  .  [who]  are 
so  in  love  with  them  that  all  the  treasure  they  have  they  lay 
at  their  feete. 

Scape  Thrift.  But  is  there  such  treasure  there,  Captaine  .  .  .  ? 

Sea  Gull.  I  tell  thee,  golde  is  more  plentifull  there  then 
copper  is  with  us ;  and  for  as  much  redde  copper  as  I  can 
bring,  He  have  thrise  the  waight  in  gold.  Why,  man,  all  their 
dripping  pans  .  .  .  are  pure  gould ;  and  all  the  chaines  with 
which  they  chaine  up  their  streets  are  massie  gold;  all  the 
prisoners  they  take  are  fettered  in  gold ;  and  for  rubies  and 
diamonds  they  goe  forth  on  holydayes  and  gather  'em  by  the 
seashore  to  hang  on  their  childrens  coates,  and  sticke  in  their 
children's  caps,  as  commonly  as  our  children  wear  saffron-gilt 
brooches.  .  .  .  Besides,  there  wee  shall  have  no  more  law  than 
consceince,  and  not  too  much  of  eyther. 


9.   Crashaw's  "Daily  Prayer" 

Force's  Historical  Tracts,  III  (1844),  page  67. 

The  ardent  clerical  advocates  of  expansion,  like  Hakluyt  and  Crashaw, 
resented  bitterly  such  "  jests  of  prophane  players"  as  No.  8  above  ;  and 
Crashaw  retorted  by  this  passage  in  his  form  for  "A  Prayer  duly  said 
[at  Jamestown]  Morning  and  Evening  .  .  .  either  by  the  Captaine  of  the 
watch  himselfe,  or  by  some  one  of  his  principall  officers."  This  form 
was  drawn  up  in  1609,  before  Delaware's  expedition,  and  was  incorpo- 


16     MOTIVES  FOR  EARLY  ENGLISH  COLONIZATION 

rated  afterward  in  Dale's  Code  of  Laws.     The  prayer  would  fill  some 
twelve  pages  of  this  volume. 

And  whereas  we  have  by  undertaking  this  plantation  under 
gone  the  reproofs  of  a  base  world,  insomuch  that  many  of  our 
oune  brethren  laugh  us  to  scorne,  0  Lord,  we  pray  thee  fortifie 
us  against  this  temptation.  Let  .  .  .  Papists  and  players  and 
such  other  .  .  .  scum  and  dregs  of  the  earth,  let  them  mocke 
such  as  helpe  to  build  up  the  wals  of  Jerusalem,  and  they  that 
be  filthy,  let  them  be  filthy  still;  and  let  such  swine  still 
wallow  in  their  mire.  .  .  . 

10.  Crashaw's  Sermon,  March  3/13,  1609/10 

Brown's  Genesis  of  the  United  States,  page  360  ff. 

This  sermon  was  preached  before  Lord  Delaware's  Expedition,  on  the 
point  of  departure.  The  extract  below  was  intended  especially  to  refute 
such  insinuations  as  those  in  No.  8.  Cf.  also  the  introduction  to  No.  9. 

Text  (Luke  22-32}.  "  But  I  havepraied  for  thee  that  thy  faith 
failenot:  theref ore  when  thou  art  converted,  strengthen  thy  brethren." 

Oh  but  those  that  goe  in  person  are  rakte  up  out  of  the 
refuse,  and  are  a  number  of  disordered  men,  unfit  to  bring  to 
passe  any  good  action  :  So  indeed  say  those  that  lie  and  slander. 
But  I  answer  for  the  generalitie  of  them  that  goe,  they  be  such 
as  offer  themselves  voluntarily  .  .  .  and  be  like  (for  ought 
that  I  see)  to  those  [that]  are  left  behind,  —  men  of  all  sorts, 
better  and  worse.  But  for  manie  that  go  in  person,  let  these 
objectors  know,  they  be  as  good  as  themselves,  and  it  may  be, 
many  degrees  better.  .  .  . 

This  enterprise  hath  only  three  enemies.  1.  The  Divell, 
2.  The  Papists,  and  3.  The  Players.  [Then,  after  paying 
respects  to  the  first  two]  As  for  Plaiers :  (pardon  me,  right 
Honorable  and  beloved,  for  wronging  this  place  and  your 
patience  with  so  base  a  subject)  they  play  with  Princes  and 
Potentates,  Magistrates,  and  Ministers,  nay,  with  God  and 
Religion,  and  all  holy  things  :  nothing  that  is  good,  excellent, 
or  holy  can  escape  them  :  how  then  can  this  action  ?  But  this 


GOVERNOR  DALE  TO  LONDON  COMPANY,  1613     17 

may  suffice,  that  they  are  Players.  They  abuse  Virginia,  but 
they  are  but  Players :  they  disgrace  it :  true,  but  they  are  but 
Players.  ...  The  divell  hates  us,  because  wee  purpose  not  to 
suffer  Heathens ;  and  the  Pope,  because  we  have  vowed  to 
tolerate  no  Papists.  [Cf.  Charter  of  1609.]  So  doe  the 
Players,  because  wee  resolve  to  suffer  no  Idle  persons  in 
Virginea,  which  course,  if  it  were  taken  in  England,  they  know 
they  might  turn  to  new  occupations. 

11.  Sir  Edwin  Sandys,  1612 

Neill's  Virginia  and  Virginiola  (1878),  page  44. 

Sandys,  then  a  member  of  the  Council  of  the  London  Company,  wrote 
to  delinquent  stockholders,  urging  the  payment  of  subscriptions  (April 
8/18,  1612). 

.  .  .  presuming  greatly  of  your  affectionate  Redines  to  aid 
...  so  worthy  an  Enterprise,  tending  so  greatly  to  the  En 
largement  of  the  Christian  Truth,  the  Honour  of  our  Nation, 
and  Benefit  of  the  English  People.  .  .  . 

12.  Governor  Dale  to  the  London  Company,  1613 

Records  of  the  Virginia  Company  of  London  (edited  by  Susan  Kings- 
bury  ;  Washington,  1906),  II,  399-400. 

Sir  Thomas  Dale  wrote  the  following  exhortation  to  Sir  Thomas  Smith, 
"Treasurer"  of  the  Company,  on  June  13/23,  1613.  This  extract  was 
read  ten  years  later  in  a  meeting  of  the  Company. 

Lett  me  tell  you  all  at  home  this  one  thinge,  and  I  pray 
remember  it,  —  if  you  give  over  this  Country  and  loose  it,  you 
with  your  wisedomes  will  leape  such  a  gugion  as  our  state 
hath  not  done  the  like  since  they  lost  the  Kingdome  of  ffraunce  : 
be  not  gulled  with  the  clamorous  reports  of  base  people  .  .  . 
if  the  glory  of  god  hath  noe  power  with  them,  and  the  con 
version  of  these  poore  Infidells,  yet  lett  the  rich  Mammon's 
desires  egge  them  on  to  inhabite  these  Countries.  I  protest 
unto  you  by  the  faith  of  an  honest  man,  the  more  I  range  the 
Country,  the  more  I  admire  it.  I  have  seene  the  best  Countries 
in  Europe.  I  protest  unto  you  before  the  Living  God,  put 


18     MOTIVES  FOR  EARLY  ENGLISH  COLONIZATION 

them  altogether,  this  Country  will  be  equivalent  unto  them  if 
it  be  inhabited  with  good  people. 

[The  Records  continue,  that,  when  this  letter  had  been  read,  two 
members  added  that  they  had  heard  Dale  say  "  that  in  his  judgment  out 
of  foure  of  the  best  Kingdomes  in  Europe  there  could  not  be  picked  out 
soe  much  good  ground  as  was  in  Virginia."] 

13.  The  London  Company  not  Mercenary 

From  Captain  John  Smith's  Generall  Historic  of  Virginia  (Birmingham 
edition  of  the  Works,  1884,  page  527).  The  passage  was  published  in 
1616,  when  Smith  was  at  odds  with  the  Company;  but  he  defends  that 
body  gallantly  against  unjust  charges. 

This  deare  bought  Land,  with  so  much  bloud  and  cost,  hath 
onely  made  some  few  rich,  and  all  the  rest  losers  [which  fate, 
however,  does  not  deter  their  efforts,  Smith  explains]  .  .  . 
For  the  Nobilitie  and  Gentrie,  there  is  scarce  any  of  them  ex 
pects  anything  but  the  prosperitie  of  the  Action  [success  of 
the  colony]  ;  and  there  are  some  Merchants  ...  I  am  confi 
dently  persuaded,  doe  take  more  care  and  paines,  nay,  and  at 
their  continuall  great  charge,  than  they  could  be  hired  to  for 
the  love  of  money ;  so  honestly  regarding  the  generall  good  of 
this  great  Worke,  they  would  hold  it  worse  than  sacrilege  to 
wrong  it  but  a  shillinge. 

14.  John  Smith's  Last  Plea  for  Colonization,  1631 
Captain  John  Smith's  Works  (Birmingham  edition),  935,  962. 

•  ...  and  what  hath  ever  beene  the  worke  of  the  best  great 
Princes  of  the  world,  but  planting  of  Countries,  and  civilizing 
barbarous  and  inhumane  Nations  to  civility  and  humanity ; 
whose  eternall  actions  fils  our  histories  with  more  honour  than 
those  that  have  wasted  and  consumed  them  by  warres. 

.  .  .  the  Portugals  and  /Spaniards  that  first  began  plantations 
in  this  unknowne  world  of  America  [their  "  everlasting 
actions"]  will  testifie  our  idlenesse  and  ingratitude  to  all 
posterity,  and  neglect  of  our  duty  and  religion  we  owe  our 


SMITH'S  LAST  PLEA  FOR  COLONIZATION,  1631     19 

God,  our  King,  and  Countrey.  .  .  .  Having  as  much  power  and 
meanes  as  others,  why  should  English  men  despaire,  and  not 
doe  as  much  as  any  ?  .  .  .  Seeing  honour  is  our  lives  ambition, 
and  our  ambition  after  death  to  have  an  honourable  memory  of 
our  life  ...  let  us  imitate  their  vertues,  to  be  worthily  their 
successors. 


I  speak  not  this  to  discourage  any  with  vaine  feares,  but 
could  wish  every  English  man  to  carry  alwaies  this  Motto  in 
his  heart,  —  Why  should  the  brave  Spanish  Souldiers  brag, 
The  Sunne  never  sets  in  the  Spanish  dominions,  but  ever 
shineth  on  one  part  or  other,  we  have  conquered  for  our  King : 
.  .  .  but  to  animate  us  to  doe  the  like  for  ours,  who  is  no  way 
his  inferior. 

And  truly  there  is  no  pleasure  comparable  to  a  generous 
spirit  as  good  imploiment  in  noble  actions,  especially  amongst 
Turks,  Heathens,  and  Infidels ;  to  see  daily  new  Countries, 
people,  fashions,  governments,  stratagems ;  releeve  the  op 
pressed,  comfort  his  friends,  passe  miseries,  subdue  enemies, 
adventure  upon  any  feazable  danger  for  God  and  his  Country. 

[The  fine,  idealistic  motives  of  colonization,  which  have  been  treated 
in  this  Division  (Nos.  2-14),  are  touched  upon  in  many  other  documents. 
See  especially  the  missionary  purpose  in  No.  26  c,  below.] 


III.      ILLUSTRATIVE    OF    VIRGINIA    HISTORY    TO 
THE    INTRODUCTION    OF    SELF-GOVERNMENT 
(1606-1619) 

15.  The  Gilbert  and  Raleigh  Charters 

Queen  Elizabeth's  charter  to  Sir  Humphrey  Gilbert  (June,  1578)  was 
first  printed  in  Hakluyt's  Voyages  .  .  .  and  Discoveries  of  the  English 
Nation  (1589).  The  Goldsmid  edition  of  Hakluyt  gives  it,  I,  360  ff. 
After  Gilbert's  death,  Elizabeth  reissued  the  charter  to  Sir  Walter 
Raleigh  (1584),  with  changes  only  in  names  and  date.  The  Raleigh 
grant  is  easily  accessible  in  Poore's  Charters  and  Constitutions,  under 
the  head  of  North  Carolina,  or  in  Thorpe's  American  Charters  and 
Constitutions. 

The  Letters  Patents  graunted  by  her  Maiestie  to  Sir  Humfrey 
Gilbert,  knight,  for  the  inhabiting  and  planting  of  our  people  in 
America. 

I.  —  Elizabeth  by  the  grace  of  God  Queene  of  England,  .  .  . 
To  all  people  to  whom  these  presents  shall  come,  greeting. 
Know  ye  that  ...  we  ...  by  these  presents  ...  do  give  and 
grauut  to  our  trustie  and  welbeloved  servant  Sir  Humfrey 
Gilbert  of  Compton,  in  oar  Countie  of  Devonshire  knight,  and 
to  his  heires  and  assignes  for  ever,  free  libertie  and  licence 
from  time  to  time  and  at  all  times  for  ever  hereafter,  to  dis 
cover,  .  .  .  remote,  heathen  and  barbarous  lands  .  .  .  not 
actually  possessed  of  any  Christian  prince  or  people  .  .  .  and 
the  same  to  have,  hold,  occupie  and  enjoy  to  him,  his  heires 
and  assignes  for  ever,  with  all  commodities,  jurisdictions,  and 
royalties  both  by  sea  and  land :  .  .  .  And  wee  doe  likewise  by 
these  presents  .  .  .  give  full  authoritie  and  power  to  the  saide 
Sir  Humfrey,  his  heires  and  assignes,  .  .  .  that  hee  and  they 
.  .  .  shall  and  may  at  all  and  every  time  and  times  hereafter, 
have,  take,  and  lead  in  the  same  voyages,  to  travell  thither 
ward,  and  to  inhabite  there  ...  so  many  of  our  subjects  as 

20 


THE   GILBERT  AND   RALEIGH  CHARTERS          21 

shall  willingly  accompany  him  .  .  .  with  sufficient  shipping, 
and  furniture  for  their  transportations,  —  so  that  none  of  the 
same  persons  ...  be  such  as  hereafter  shall  be  specially  re 
strained  by  us,  .  .  .  And  further,  that  he,  the  said  Hurnfrey, 
his  heires  and  assignes  .  .  .  shall  have,  hold,  occupy,  and 
enjoy  for  ever,  all  the  soyle  of  all  such  lands,  countries,  and 
territories  so  to  be  discovered  or  possessed  as  aforesaid,  and  of 
all  Cities,  Townes,  and  Villages,  and  places,  in  the  same,  with 
rites,  royalties  and  jurisdictions,  as  well  marine  as  other, 
within  the  sayd  lands  or  countreys  .  .  .  with  ful  power  to  dis 
pose  thereof,  and  of  every  part  thereof,  in  fee  simple  or  other 
wise,  according  to  the  order  of  the  laws  of  England,  as  nere 
as  the  same  conveniently  may  be,  paying  unto  us,  for  all  ser 
vices,  dueties  and  demaunds,  the  fift  part  of  all  the  oare  of 
gold  and  silver,  that  from  time  to  time,  .  .  .  shall  be  there 
gotten ;  all  which  lands,  countreys,  and  territories,  shall  for 
ever  bee  holden  by  the  sayd  Sir  Humfrey,  his  heires  and  as 
signes  of  us,  our  heires  and  successours  by  homage,  and  by  the 
sayd  payment  of  the  sayd  fift  part  before  reserved  onely,  for 
all  services. 

II.  —  And  moreover,  we   doe   by   those   presents  .  .  .  give 
and  graunt  licence  to  the  sayde  Sir  Humfrey  Gilbert,  his  heires 
or  assignes  .  .  .  that  hee  and  they  .  .  .  shall  and  may  from 
time  to  time  and  all  times  for  ever  hereafter,  for  his  and  their 
defence,  encounter,  expulse,  repell,  and  resist,  as  well  by  Sea,  as 
by  land,  and  by  all  other  wayes  whatsoever,  all,  and   every 
such  person  and  persons  whatsoever,  as   without   the   speciall 
licence  and  liking  of  the  sayd  Sir  Humfrey,  and  of  his  heires 
and   assignes,   shall   attempt   to    inhabite    within   the    sayd 
countreys,  ...  or  that   shall   enterprise   or   attempt   at   any 
time  hereafter  unlawfully  to  annoy  either  by  Sea  or  land,  the 
said  sir  Hunafrey,  his  heires  and  assignes,  or  any  of  them : 

III.  — .  .  .     And  wee  doe  graunt  to  ...  all  ...  persons, 
being  of  our  allegiance,  whose  names  shall  be  noted  or  entred 
in  some  of  our  courts  of  Record,  within  this  our  Realme  of 
England,  and  that  with  the  assent  of  the  said  sir  Humfrey, 


22  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

his  heires  or  assignes,  shall  travel  to  such  lands,  ...  and  to 
their  heires  :  that  they  and  every  or  any  of  them,  .  .  .  shall,  and 
may  have,  and  enjoy  all  privileges  of  free  denizens  and  persons 
native  of  England,  and  within  our  allegiance :  any  law,  custome, 
or  usage  to  the  contrary  notwithstanding. 

IV.  —  And  forasmuch  as  upon  the  finding  out,  discovering 
and  inhabiting  of  such  remote  lands,  countreys  and  territories, 
as  aforesayd,  it  shall  be  necessarie  for  the  safetie  of  all  men 
that  shall  adventure  themselves  in  those  journeys  and  voiages, 
to  determine  to  live  together  in  Christian  peace  and  civill 
quietnesse  each  with  other,  whereby  every  one  may  with  more 
pleasure  and  profit  enjoy  that  vvhereunto  they  shall  attaine 
with  great  paine  and  perill :  wee,  for  us,  our  heires  and  suc- 
cessours,  are  likewise  pleased  and  contented,  and  by  these 
presents  do  give  and  graunt  to  the  sayd  sir  Humfrey  and  his 
heires  and  assignes  for  ever,  that  he  and  they,  and  every  or 
any  of  them,  shall  and  may  from  time  to  time  for  ever  here 
after  within  the  sayd  mentioned  remote  lands  and  countreys, 
and  in  the  way  by  the  Seas  thither,  and  from  thence,  have 
full  and  meere  power  and  authoritie  to  correct,  punish,  pardon, 
govern  and  rule  by  their,  and  every  or  any  of  their  good  dis 
cretions  and  pollicies,  as  well  in  causes  capitall  or  criminall,  as 
civill,  both  marine  and  other,  all  such  our  subjects  and  others, 
as  shall  from  time  to  time  hereafter  adventure  themselves  in 
the  sayd  journeys  or  voyages  ...  or  that  shall  at  any  time 
hereafter  inhabite  any  such  lands,  countreys  or  territories  as 
aforesayd,  .  .  .  according  to  such  statutes,  lawes  and  ordi 
nances,  as  shall  be  by  him  the  said  sir  Humfrey,  his  heires 
and  assignes,  or  every  or  any  of  them,  devised  or  established 
for  the  better  government  of  the  said  people  as  aforesayd :  so 
alwayes  that  the  sayd  statutes,  lawes,  and  ordinances  may  be, 
as  neere  as  conveniently  may,  agreeable  to  the  forme  of  the 
lawes  and  pollicy  of  England  :  and  also,  that  they  be  not 
against  the  true  Christian  faith  or  religion  now  professed  in 
the  church  of  England,  nor  in  any  wise  to  withdraw  any  of  the 
subjects  or  people  of  those  lands  or  places  from  the  allegiance 


FIRST  CHARTER  FOR  COLONIZING  VIRGINIA      23 

of  us,  our  heires  or  successours,  as  their  immediate  Soveraignes 
under  God.  .  .  . 

Hints  for  Study.  —  1.  Observe  that  no  exact  district  is  granted  ;  why? 

2.  Note  the  power  of  the  proprietor :  (a)  to  regulate  settlement ;  (6)  to 
repel  invasion  ;    (c)  to  administer  the  government  ;    (d)  to  make  laws. 

3.  Note  the  guarantee  of  rights  to  the  settlers  ;  could  it  have  been  meant 
to  cover  the  "  right  to  vote,"  when  taken  in  connection  with  the  rest  of  the 
charter  ?      4.  What  church  is  established  for  the  colony  ?     Read  and 
criticise  Fiske's  amazing  misstatement  in  Old  Virginia,  I,  31,  regarding 
this  charter. 

16.  First  Charter  for  Colonizing  Virginia ;  April  IO/2O,1  1606 

This  charter  was  first  printed  by  Stith  in  his  History  of  Virginia  (1747). 
Stith  compiled  carefully  the  four  manuscript  copies  discoverable  by  him, 
and  his  text  is  usually  followed.  The  text  here  given  is  taken  from  his 
work  (Sabin's  Edition,  1865).  For  secondary  accounts,  see  American 
History  and  Government,  §  22,  and  references  for  the  same. 

I.  — JAMES,  by  the  grace  of  God,  King  of  England,  Scotland 
.  .  .  etc.  Whereas  our  loving  and   well-disposed  Subjects,  Sir 
Thomas  Gates,  and  Sir  George  Somers,  Knights,  Richard  Hack- 
luit,  Clerk,  Prebendary  of  Westminster,  and  Edward-Maria  Wing- 
field,    TJiomas  Hanham,  and  Ralegh  Gilbert,  Esqrs.,   William 
Parker,  and  George  Popham,  Gentlemen,  and  divers  others  of  our 
loving  Subjects,  have  been  humble  Suitors  unto  us,  that  We 
would  vouchsafe  unto  them  our  Licence  to  make  Habitation, 
Plantation,  and  to  deduce  a  Colony  of  sundry  of  our  People 
into  that  Part  of  America,  commonly  called  VIRGINIA,  .  .  . 
situate,  lying,  and  being  all  along  the  Sea  Coasts,  between  four 
and  thirty  Degrees  of  Northerly  Latitude  from  the  Equinoctial 
Line,  and  five  and  forty  Degrees  of  the  same  Latitude,  .  .  . 

II.  —  AND  to  that  End,  and  for  the  more  speedy  Accomplish 
ment  of  their  said  intended  Plantation  and  Habitation  there, 
are  desirous  to  divide  themselves  into  two  several  Colonies  and 
Companies;  The  one  consisting  of  certain  Knights,  Gentlemen, 
Merchants,  and  other  Adventurers,  of  our  City  of  London  and 

1  See  explanation  of  this  form  on  page  44. 


24  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

elsewhere,  .  .  .  which  do  desire  to  begin  their  Plantation  and 
Habitation  in  some  fit  and  convenient  Place,  between  four  and 
thirty  and  one  and  forty  Degrees  of  the  said  Latitude,  alongst 
the  Coasts  of  Virginia  and  Coasts  of  America  aforesaid ;  And 
the  other  consisting  of  sundry  Knights,  Gentlemen,  Merchants, 
and  other  Adventurers,  of  our  Cities  of  Bristol  and  Exeter,  and 
of  our  Town  of  Plimouth,  and  of  other  Places,  .  .  .  which  do 
desire  to  begin  their  Plantation  and  Habitation  in  some  fit  and 
convenient  Place,  between  eight  and  thirty  Degrees  and  five 
and  forty  Degrees  of  the  said  Latitude,  .  .  . 

III.  —  WE,  greatly  commending  and  graciously  accepting  of 
their  Desires  for  the  Furtherance  of  so  noble  a  Work,  which 
may,  by  the  Providence  of  Almighty  God,  hereafter  tend  to 
the  Glory  of  his  Divine  Majesty,  in  propagating  of  Christian 
Religion  to  such  People,  as  yet  live  in  Darkness  and  miserable 
Ignorance  of  the  true  Knowledge  and  Worship  of  God,  and 
may  in  time  bring  the  Infidels  and    Savages  living  in  those 
Parts  to  human  Civility,  and  to  a  settled  and  quiet  Govern 
ment  ;  DO,  by  these  our  Letters  Patents,  graciously  accept  of, 
and  agree  to,  their  humble  and  well-intended  Desires ; 

IV.  —  AND  do  therefore,  for  Us,  our  Heirs,  and  Successors, 
GRANT  and  agree,  that  the  said  Sir  Thomas  Gates,  Sir  George 
Somers,  Richard  HacMuit,  and  Edward-Maria   Wingfield,  Ad 
venturers  of  and  for  our  City  of  London,  and  all  such  others,  as 
are,  or  shall  be,  joined  unto  them  of  that  Colony,  shall  be  called 
the^rs^  Colony ;  And  they  shall  and  may  begin  their  said  first 
Plantation  and  Habitation,  at  any  Place  upon  the  said  Coast  of 
Virginia  or  America,  where  they  shall  think  fit  and  convenient 
between  the  said  four-and-thirty  and  one-and-forty  Degrees  of 
the  said  Latitude;  And  that  they  shall  have  all  the  Lands, 
Woods,  Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals, 
Marshes,  Waters,  Fishings,  Commodities,  and  Hereditaments, 
whatsoever,  from  the  said  first  Seat  of  their  Plantation  and 
Habitation   by  the   Space  of   fifty  Miles   of   English  Statute 
Measure,  all  along  the  said  Coast  of    Virginia  and  America, 
towards  the  West  and  Southwest,  as  the  Coast  lyeth,  with  all 


FIRST  CHARTER  FOR  COLONIZING  VIRGINIA     25 

the  Islands  within  one  hundred  Miles  directly  over  against  the 
same  Sea  Coast  j  And  also  all  the  Lands,  Soil,  Grounds,  [etc.] 
.  .  .  from  the  said  Place  of  their  first  Plantation  and  Habi 
tation  for  the  space  of  fifty  like  English  Miles,  .  .  .  towards 
the  East  and  Northeast,  or  towards  the  North,  as  the  Coast 
lyeth,  together  with  all  the  Islands  within  one  hundred  Miles, 
directly  over  against  the  said  Sea  Coast;  And  also  all  the 
Lands,  Woods,  Soil,  Grounds,  [etc.]  .  .  .  from  the  same  fifty 
Miles  every  way  on  the  Sea  Coast,  directly  into  the  main 
Land  by  the  Space  of  one  hundred  like  English  Miles ;  And 
shall  and  may  inhabit  and  remain  there ;  and  shall  and  may 
also  build  and  fortify  within  any  the  same,  for  their  better 
Safeguard  and  Defence,  according  to  their  best  Discretion,  and 
the  Discretion  of  the  Council  of  that  Colony.  .  .  . 

V.  —  AND  we  do  likewise,  for  Us,  our  Heirs,  and  Successors, 
by  these  Presents,  GRANT  and  agree,  that  the  said   Thomas 
Hanham,   and   Ralegh    Gilbert,    William  Parker,   and    George 
Pophain,  and  all  others  of  the  Town  of  Plimouth  in  the  County 
of  Devon,  or  elsewhere,  which  are,  or  shall  be,  joined  unto  them 
of  that  Colony,  shall  be  called  the  second  Colony ;   And  that 
they  shall  and  may  begin  their  said  Plantation  and  Seat  of 
their  first  Abode  and  Habitation,  at  any  Place  upon  the  said 
Coast  of  Virginia  and  America,  where  they  shall  think  fit  and 
convenient,  between  eight  and  thirty  Degrees  of  the  said  Lati 
tude,  and  five  and  forty  Degrees  of  the  same  Latitude ;     And 
that  they  shall  have  all  the  Lands     [Here  follows  a  passage 
duplicating  the  corresponding  part  of  section  IV  for  the  other 
subcompany.] 

VI.  —  PROVIDED  always  .  .  .  that  the  Plantation  and  Habi 
tation  of  such  of  the  said  Colonies  as  shall  last  plant  themselves, 
as  aforesaid,  shall  not  be  made  within  one  hundred  like  English 
miles  of  the  other  of  them  that  first  began  to  make  their  Plan 
tation,  as  aforesaid. 

VII.  —  AND  we  do  also  ordain,  establish,  and  agree,  for  Us, 
our  Heirs,  and  Successors,  that  each  of  the  said  Colonies  shall 
have  a  Council,  which  shall  govern  and  order  all  Matters  and 


26  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

Causes,  which  shall  arise,  grow,  or  happen,  to  or  within  the 
same  several  Colonies,  according  to  such  Laws,  Ordinances, 
and  Instructions,  as  shall  be,  in  that  behalf,  given  and  signed 
with  Our  Hand  or  Sign  Manual,  and  pass  under  the  Privy 
Seal  of  our  Realm  of  England;  Each  of  which  Councils 
shall  consist  of  thirteen  Persons,  to  be  ordained,  made,  and 
removed,  from  time  to  time,  according  as  shall  be  directed 
and  comprised  in  the  same  instructions.  [Provision  for 
"seals'7  for  the  councils.] 

VIII.  —  AXD  that  also  there  shall  be  a  Council  established 
here  in  England,  which  shall,  in  like  Manner,  consist  of  thir 
teen  Persons,  to  be,  for  that  Purpose,  appointed  by  Us,  our 
Heirs  and  Successors,  which  shall   be  called  our  Council  of 
Virginia;     And  shall,  from  time  to  time,  have  the  superior 
Managing  and  Direction,  only  of  and  for  all  Matters,  that  shall 
or  may  concern  the  Government,  as  well  of  the  said  several 
Colonies,  as  of  and   for  any  other  Part  or  Place  within  the 
aforesaid   Precincts   of  four   and  thirty  and   five   and   forty 
Degrees,  abovementioned  [Provision  for  a  seal.] 

IX.  —  [Grant  of  right  to  mine  for  precious  metals,  yielding 
to  the  monarch  the  fifth  part  of  gold  and  silver  and  the  fifteenth 
part  of  copper.] 

X. —  [Right  to  coin  money  in  the  colonies.] 

XI.  —  AND  we  do  likewise,  for  Us,  our  Heirs,  and  Successors, 
by  these  Presents,  give  full  Power  and  Authority  to  the  said 
Sir  Thomas  Gates,  Sir  George  Somers,  Richard  Hackluit, 
Edward-Maria  Wingjield,  Thomas  Hanham,  Ralegh  Gilbert, 
William  Parker,  and  George  Popham,  and  to  every  of  them,  and 
to  the  said  several  Companies,  Plantations,  and  Colonies,  that 
they,  and  every  of  them,  shall  and  may,  at  all  and  every  time 
and  times  hereafter,  have,  take,  and  lead  in  the  said  Voyage, 
and  for  and  towards  the  said  several  Plantations  and  Colonies, 
and  to  travel  thitherward,  and  to  abide  and  inhabit  there 
in  every  the  said  Colonies  and  Plantations,  such  and  so- 
many  of  our  Subjects,  as  shall  willingly  accompany  them, 
or  any  of  them,  in  the  said  Voyages  and  Plantations;  .  .  . 


FIRST  CHARTER  FOR  COLONIZING  VIRGINIA      27 

PROVIDED  always  that  none  of  the  said  Persons  be  such  as 
shall  hereafter  be  specially  restrained  by  Us,  our  Heirs,  or 
Successors. 

XII.  —  MOREOVER,  we  do,  by  these  Presents,  for  Us,  our  Heirs, 
and  Successors,  GIVE  AND  GRANT  Licence  unto  the  said  Sir 
Thomas  Gates,  Sir  George  Somers,  Richard  Hackluit,  Edward- 
Maria    Wingfield,    Thomas  Hanham,  Ralegh   Gilbert,    William 
Parker,  and  George  Popham,  and  to  every  of  the  said  Colonies, 
that  they,  and  every  of  them,  shall  and  may,  from  time  to  time, 
and  at  all  times  for  ever  hereafter,  for  their  several  Defences, 
encounter,  expulse,  repel,   and   resist,  as   well  by  Sea  as  by 
Land,  by  all  Ways  and  Means  whatsoever,  all  and  every  such 
Person  and  Persons,  as  without   the  especial  Licence  of  the 
said  several  Colonies  and  Plantations,  shall  attempt  to  inhabit 
within   the  said   several   Precincts   and   Limits   of  the   said 
several  Colonies  and  Plantations,   or   any   of  them,   or   that 
shall  enterprise  or  attempt,  at  any  time  hereafter,  the  Hurt, 
Detriment,   or   Annoyance,   of  the   said    several   Colonies   or 
Plantations : 

XIII.  —  [A  peculiarly  obscure  section,  which,  provides  that  the  governing 
bodies  in  the  colonies  may  collect  tariffs  on  imported  goods,  — 2£  per  cent 
on  English  goods  and  5  per  cent  on  foreign  goods ;  the  proceeds  to  go  to 
the  proprietary  Companies  for  21  years,  and  afterward  to  the  crown.] 

XIV.  —  AND  we  do  further,  by  these  Presents,  for  Us,  our 
Heirs,  and  Successors,  GIVE  AND  GRANT  unto  the  said  Sir  Thomas 
Gates,  Sir  George  Somers,  Richard  Hackluit,  and  Edward-Maria 
Wmgjield,  and  to  their  Associates  of  the  said  first  Colony  and 
Plantation,  and  to  the  said  Thomas  Hanham,  Ralegh  Gilbert, 
William  Parker,  and  George  Popham,  and  their  Associates  of 
the  said  second  Colony  and  Plantation,  that  they,  and  every 
of  them,  by  their  Deputies,  Ministers,  and  Factors,  may  trans 
port  the  Goods,  Chattels,  Armour,  Munition,  and  Furniture, 
needful  to  be  used   by  them,  for  their  said   Apparel,    Food, 
Defence,  or  otherwise  in  Respect  of  the  said  Plantations,  out 
of   our   Realms    of   England   and   Ireland,  and  all  other   our 


28  ILLUSTRATIVE  OP  VIRGINIA  HISTORY 

Dominions,  from  time  to  time,  for  and  during  the  Time  of 
seven  Years,  next  ensuing  the  Date  hereof,  for  the  better 
Relief  of  the  said  several  Colonies  and  Plantations,  without 
any  Custom,  Subsidy,  or  other  Duty,  unto  Us,  our  Heirs,  or 
Successors,  to  be  yielded  or  paid  for  the  same. 

XV.  —  ALSO  we  do,  for  Us,  our  Heirs,  and  Successors,  DE 
CLARE,  by  these  Presents,  that  all  and  every  the  Persons,  being 
our  Subjects,  which  shall  dwell  and  inhabit  within  every  or 
any  of  the  said  several  Colonies  and  Plantations,  and  every 
of  their  children,  which  shall  happen  to  be  born  within  any 
of  the  Limits  and  Precincts  of  the  said  several  Colonies  and 
Plantations,  shall  HAVE  and  enjoy  all   Liberties,  Franchises, 
and  Immunities,  within  any  of  our  other   Dominions,  to  all 
Intents  and  Purposes,  as  if  they  had  been  abiding  and  born 
within  this  our  Realm  of  England)  or  any  other  of  our  said 
Dominions.1 

XVI.  —  MOREOVER,  our  gracious  Will  and  Pleasure  is,  and 
we  do,  by  these  Presents,  for  Us,  our  Heirs,  and  Successors, 
declare  and  set  forth,  that  if  any  Person  or  Persons,  which 
shall  be  of  any  of  the  said  Colonies  and  Plantations,  or  any 
other,  which  shall  traffick  to  the  said  Colonies  and  Plantations, 
or  any  of  them,  shall,  at  any  time  or  times  hereafter,  trans 
port  any  Wares,  Merchandises,  or  Commodities,  out   of  any 
our  Dominions,  with  a  Pretence   to  land,    sell,   or  otherwise 
dispose  of  the  same,  within   any   the   Limits   and  Precincts 
of  any  the  said  Colonies  and  Plantations,  and  yet  nevertheless, 
being  at  Sea,  or  after  he  hath  landed  the  same  within  any  of 
the  said  Colonies  and  Plantations,  shall  carry  the  same  into 
any  other  Foreign  Country,  with  a  Purpose  there  to  sell  or 
dispose  of  the  same,  without  the  Licence  of  Us,  our  Heirs, 
and  Successors,  in  that  Behalf  first  had  and  obtained ;  That 
then,  all  the  Goods  and  Chattels  of  such  Person  or  Persons 
so  offending  and  transporting,  together  with  the  said  Ship  or 


1  Observe  that  this  important  section  of  the  charter  is  sandwiched  in  be 
tween  two  sections  which  ought  not  to  have  been  separated. 


INSTRUCTIONS  ISSUED  BY  KING  JAMES          29 

Vessel  wherein  such  Transportation  was  made,  shall  be  for 
feited  to  Us,  our  Heirs,  and  Successors. 

[Paragraph  XVII  reserves  to  the  crown  the  right  to  disavow  any 
unauthorized  violence  used  by  the  Companies  or  their  agents  toward  the 
subjects  of  other  European  countries;  so  that  England  need  not  be  drawn 
into  war  by  the  colony  if  the  king  choose  instead  to  leave  it  to  its  fate. 
The  remaining  paragraphs  have  to  do  mainly  with  landholding.  They 
provide  for  a  simpler  method  of  transfer  than  was  then  common  in  Eng 
land,  and  provide  also  that  all  land  should  be  held  as  a  freehold,  not  by 
military  service,  —  "  To  BE  HOLDEX  of  Us,  our  Heirs,  and  Successors, 
as  of  our  Manor  at  East-Greenwich  in  the  County  of  Kent,  in  free  and 
common  Soccage  only,  and  not  in  Capite."] 

17.  Instructions  issued  by  King  James 

Hening's  Statutes  (1809,  1823),  I,  67  ff. 

The  following  instructions  for  the  guidance  of  the  colonizing  companies 
were  issued  by  King  James,  November  20/30,  1606,  in  accordance  with 
power  reserved  by  him  in  the  charter.  They  do  not  merit  the  ridicule 
which  has  been  heaped  upon  them. 

[Kecital  of  the  grant  in  preceding  charter.] 

Wee,  according  to  the  effect  and  true  meaning  of  the  same 
letters  pattents,  doe  by  these  presents,  .  .  .  establish  and 
ordaine,  that  our  trusty  and  well  beloved  Sir  William  Wade, 
knight,  our  Lieutenant  of  our  Tower  of  London,  Sir  Thomas 
Smith,  knight,  Sir  Walter  Cope,  knight,  Sir  Gorge  Moor, 
knight,  Sir  Francis  Popeham,  knight,  Sir  Ferdinando  Gorges, 
knight,  Sir  John  Trevor,  knight,  Sir  Henry  Montague,  knight, 
recorder  of  the  citty  of  London,  Sir  William  Bumney,  knight, 
John  Dodderidge,  Esq.,  Sollicitor  General,  Thomas  Warr, 
Esqr.,  John  Eldred  of  the  citty  of  London,  merchant,  Thomas 
James  of  the  citty  of  Bristol,  merchant,  and  James  Bagge  of 
Plymouth,  in  the  county  of  Devonshire,  merchant,  shall  be  our 
councel  for  all  matters  which  shall  happen  in  Virginia  of  any 
the  territories  of  America,  between  thirty-four  and  forty-five 
degrees  from  the  sequinoctial  line  northward,  and  the  Islands 
to  the  several  collonies  limited  and  assigned,  and  that  they 
shal  be  called  the  King's  Councel  of  Virginia,  which  councel 


30  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

or  the  most  part  of  them  shal  have  full  power  and  authority, 
att  our  pleasure,  in  our  name,  and  under  us,  our  heires  and 
successors,  to  give  directions  to  the  councels  of  the  several  collonies 
which  shal  be  within  any  part  of  the  said  country  of  Virginia 
and  America,  within  the  degrees  first  above  mentioned,  with 
the  Islands  aforesaid,  for  the  good  government  of  the  people 
to  be  planted  in  those  parts,  and  for  the  good  ordering  and 
disposing  of  all  causes  happening  within  the  same,  and  the 
same  to  be  done  for  the  substance  thereof,  as  neer  to  the  com 
mon  lawes  of  England,  and  the  equity  thereof,  as  may  be,  and 
to  passe  under  our  scale,  appointed  for  that  councel,  which 
councel,  and  every  or  any  of  them  shall,  from  time  to  time  be 
increased,  altered  or  changed,  and  others  put  in  their  places, 
att  the  nomination  of  us,  our  heires  and  successors,  and  att  our 
and  their  will  and  pleasure ;  And  the  same  councel  of  Virginia, 
or  the  more  part  of  them,  for  the  time  being  shall  nominate  and 
appoint  the  first  several  councellours  of  those  several  councells 
which  are  to  be  appointed  for  those  two  several  colonies,  which 
are  to  be  made  plantations  in  Virginia  .  .  .  according  to  our 
said  letters  pattents  in  that  behalfe  made ;  And  that  each  of 
the  same  councels  of  the  same  several  colonies  shal,  by  the 
major  part  of  them,  choose  one  of  the  same  councel,  not  being 
the  minister  of  God's  word,  to  be  president  of  the  same  councel, 
and  to  continue  in  that  office  by  the  space  of  one  whole  year, 
unless  he  shall  in  the  mean  time  dye  or  be  removed  from  that 
office ;  and  wee  doe  further  hereby  establish  and  ordaine  that 
it  shal  be  lawful  for  the  major  part  of  either  of  the  said  coun 
cells,  upon  any  just  cause,  either  absence  or  otherwise,  to 
remove  the  president  or  any  other  of  that  councel,  .  .  .  from 
being  either  president  or  any  of  that  councel,  and  upon  the 
deathes  or  removal  of  any  of  the  president^  or  councel,  it  shal 
be  lawfull  for  the  major  part  of  that  councel  to  elect  another 
in  the  place  of  the  party  soe  dying  or  removed,  so  alwaies  as 
they  shal  not  be  above  thirteen  of  either  of  the  said  coun 
cellours,  and  we  doe  establish  and  ordaine,  that  the  president 
shal  not  continue  in  his  office  of  presidentship  above  the  space 


INSTRUCTIONS  ISSUED   BY  KING  JAMES         31 

of  one  year ;  and  wee  doe  specially  ordaine,  charge,  and  re 
quire  the  said  presidents  and  councells,  and  the  ministers  of 
the  said  several  colonies  respectively,  within  their  several 
limits  and  precincts,  that  they,  with  all  diligence,  care,  and 
respect,  doe  provide,  that  the  true  word  and  service  of  God 
and  Christian  faith  be  preached,  planted,  and  used,  not  only 
within  every  of  the  said  several  colonies  and  plantations,  but 
alsoe  as  much  as  they  may  amongst  the  salvadge  people  which 
doe  or  shall  adjoine  unto  them,  or  border  upon  them,  accord 
ing  to  the  doctrine,  rights,  and  religion  now  professed  and 
established  within  our  realme  of  England ;  .  .  -  and  moreover 
wee  doe  hereby  ordaine  and  establish  for  us,  our  heires  and 
successors,  .  .  .  that  the  offences  of  tumults,  rebellion,  con 
spiracies,  mutiny  and  seditions  in  those  parts  which  may  be 
dangerous  to  the  estates  there,  together  with  murther,  man 
slaughter,  incest,  rapes,  and  adulteries  committed  in  those 
parts  within  the  precincts  of  any  the  degrees  above  mentioned 
(and  noe  other  offences)  shal  be  punished  by  death,  and  that 
without  the  benefit  of  the  clergy,  except  in  case  of  man 
slaughter,  in  which  clergie  is  to  be  allowed ;  and  that  the  said 
several  presidents  and  councells  .  .  .  shall  have  full  power 
and  authority,  to  hear  and  determine  all  and  every  the  offences 
aforesaid,  within  the  precinct  of  their  several  colonies,  in 
manner  and  forme  following,  that  is  to  say,  by  twelve  honest 
and  indifferent  persons  sworne  upon  the  Evangelists,  to  be 
returned  by  such  ministers  and  officers  as  every  of  the  said 
presidents  and  councells,  or  the  most  part  of  them  respectively 
shall  assigne,  and  the  twelve  persons  soe  returned  and  sworne 
shall,  according  to  the  evidence  to  be  given  unto  them  upon 
oath  and  according  to  the  truth,  in  their  consciences,  either 
convict  or  acquit  every  of  the  said  persons  soe  to  be  accused 
and  tried  by  them,  .  .  .  and  that  every  the  said  presidents  and 
councells,  within  their  several  limits  and  precincts,  shall  have 
power  and  authority  by  these  presents,  to  hear  and  determine 
all  and  every  other  wrongs,  trespasses,  offences,  and  mis 
demeanors  whatsoever,  other  than  those  before  mentioned, 


32  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

upon  accusation  of  any  person,  and  proofe  thereof  made,  by 
sufficient  witnesse  upon  oath ;  and  that  in  all  those  cases  the 
said  president  and  councel  .  .  .  shall  have  power  and  authority 
to  punish  the  offender,  either  by  reasonable  corporal  punish 
ment  and  imprisonment,  or  else  by  a  convenient  fine,  awarding 
damages  or  other  satisfaction  to  the  party  grieved,  as  to  the 
same  president  and  councell  shall  be  thought  fitt  and  con 
venient,  having  regard  to  the  quality  of  the  offence,  or  state 
of  the  cause;  and  that  alsoe  the  said  president  and  councel, 
shall  have  power  and  authority,  by  virtue  of  these  presents,  to 
punish  all  manner  of  excesse,  through  drunkennesse  or  other- 
waise,  and  all  idle  loytering  and  vagrant  persons,  which  shall 
be  found  within  their  several  limits  and  precincts,  according 
to  their  best  discretions,  and  with  such  convenient  punishment, 
as  they  or  the  most  part  of  them  shall  think  fitt;  .  .  .  Alsoe 
our  will  and  pleasure  is,  and  wee  doe  hereby  establish  and 
ordaine,  that  the  said  several  collonies  and  plantations,  .  .  . 
shall  .  for  the  space  of  five  years,  next  after  their  first 
landing  upon  the  said  coast  of  Virginia  and  America,  trade 
together  all  in  one  stocke  (or  devideably,  but  in  two  or  three 
stocks  at  the  most),  and  bring  not  only  all  the  fruits  of  their 
labours  there,  but  alsoe  all  such  other  goods  and  commodities 
which  shall  be  brought  out  of  England,  or  any  other  place,  into 
the  same  collonies,  into  severall  magazines  or  store  houses,  for 
that  purpose  to  be  made  and  erected  there,  and  that  in  such 
order,  manner,  and  form,  as  the  councel  of  that  collony,  or  the 
more  part  of  them,  shall  sett  downe  and  direct  .  .  . 

18.    Instructions  by  the  Council  in  England  to  the  Expedition 
to  Virginia ;  December,  1606 

Printed  first  in  NenTs  Virginia  Company  (1869)  from  the  manuscript 
records  of  the  Company  at  Washington.  Reprinted  in  full  in  Brown's 
Genesis,  I,  79  ff.  About  a  third  of  the  paper  is  given  here. 

******* 

(When  it  shall  please  God  to  send  you  on  the  coast  of 
Virginia,  you  shall  do  your  best  endeavour  to  find  out  a  safe 


EXPEDITION   TO  VIRGINIA,  DECEMBER,  1606     33 

port  in  the  entrance  of  some  navigable  river  making  choice 
of  such  a  one  as  runneth  farthest  into  the  land,  and  if  you 
happen  to  discover  divers  portable  rivers,  and  amongst  them 
any  one  that  hath  two  main  branches,  if  the  difference  be  not 
great,  make  choice  of  that  which  bendest  most  to  the  North- 
West,  for  that  way  you  shall  soonest  find  the  nthqr  sea* 

When  you  have  made  choice  of  the  river  on  which  you  mean 
to  settle,  be  not  hasty  in  landing  your  victuals  and  munitions, 
but  first  let  Captain  Newport  discover  how  far  that  river  may 
be  found  navigable,  that  you  make  election  of  the  strongest, 
most  wholesome  and  fertile  place ;  for  if  you  make  many  re 
moves,  besides  the  loss  of  time,  you  shall  greatly  spoil  your 
victuals  and  your  casks,  and  with  great  pain  transport  it  in 
small  boats. 

*  *  *  #  *  *  * 

When  you  have  discovered  [explored]  as  far  up  the  river 
as  you  mean  to  plant  yourselves,  and  landed  your  victuals  and 
munitions,  to  the  end  that  every  man  may  know  his  charge, 
you  shall  do  well  to  divide  your  six  score  men  into  three 
parts,  whereof  one  party  of  them  you  may  appoint  to  fortifie 
and  build,  of  which  your  first  work  must  be  your  store-house 
for  victual ;  the  other  you  may  imploy  in  preparing  your 
ground  and  sowing  your  corn  and  roots ;  [but]  ten  of  these 
forty  you  must  leave  as  centinel  at  the  haven's  mouth.  The 
other  forty  you  may  imploy  for  two  months  in  discovery  of 
the  river  above  you,  and  on  the  country  about  you,  .  .  . 
******* 

In  all  your  passages  you  must  have  great  care  not  to  offend 
the  naturals,  if  you  can  eschew  it,  and  imploy  some  few  of 
your  company  to  trade  with  them  for  corn  and  all  other  lasting 
victuals,  if  they  have  any,  and  this  you  must  do  before  that 
they  perceive  you  mean  to  plant  among  them  ;  for  not  being 
sure  how  your  own  seed  corn  will  prosper  the  first  year,  to 
avoid  the  danger  of  famine,  use  and  endeavour  to  store  your-/ 
selves  of  the  country  corn. 

******* 


34  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

And  how  weary  soever  your  soldiers  be,  let  them  never  trust 
the  country  people  with  the  carriage  of  their  weapons,  for  if 
they  run  from  you  with  your  shott,  which  they  only  fear,  they 
will  easily  kill  them  all  with  their  arrows.  And  whensoever 
any  of  yours  shoots  before  them,  be  sure  that  they  be  chosen 
out  of  your  best  marksmen,  for  if  they  see  your  learners  miss 
what  they  aim  at,  they  will  think  the  weapon  not  so  terrible, 
and  thereby  will  be  bould  to  assault  you. 

Above  all  things  do  not  advertize  the  killing  of  any  of  your 
men,  that  the  country  people  may  know  it ;  if  they  perceive 
that  they  [you]  are  but  common  men,  and  that  with  the  loss  of 
many  of  theirs,  they  may  deminish  any  part  of  yours,  they 
will  make  many  adventures  upon  you.  If  the  country  be 
populous,  you  shall  do  well  also  not  to  let  them  see  or  know 
of  your  sick  men,  if  you  have  any,  which  may  also  encourage 
them  to  many  enterprises.  You  must  take  especial  care  that 
you  choose  a  seat  for  habitation  that  shall  not  be  over  bur- 
thened  with  woods  near  your  town,  for  all  the  men  you  have 
shall  not  be  able  to  cleanse  twenty  acres  a  year,  besides  that 
it  may  serve  for  a  covert  for  your  enemies  round  about. 

Neither  must  you  plant  in  a  low  or  moist  place  because 
it  will  prove  unhealthfull.  You  shall  judge  of  the  good  air 
by  the  people,  for  some  part  of  that  coast  where  the  lands 
are  low  have  their  people  blear  eyed,  and  with  swollen  bellies 
and  legs ;  but  if  the  naturals  be  strong  and  clean  made,  it  is 
a  true  sign  of  a  wholesome  soil. 

*  *  *  *  *  *  * 

It  were  necessary  that  all  your  carpenters  and  other  such 
like  workmen  about  building  do  first  build  your  store  house 
and  those  other  rooms  of  publick  and  necessary  use  before 
any  house  be  set  up  for  any  private  persons ;  yet  let  them  all 
work  together  first  for  the  company  and  then  for  private 

men. 

******* 

Lastly  and  chiefly  the  way  to  prosper  and  achieve  good  suc 
cess  is  to  make  yourselves  all  of  one  mind  for  the  good  of 


EXPLORATION  AND  SUFFERINGS  35 

your  country  and  your  own,  and  to  serve  and  fear  God  the 
Giver  of  all  Goodness,  for  every  plantation  which  our  Heavenly 
Father  hath  not  planted  shall  be  rooted  out. 

19.    Exploration  and  Sufferings 

a.  Percy's  Discourse 

"That  Honorable  Gentleman,  Master  George  Percy,"  wrote  a  detailed 
narrative  of  the  first  months  in  Virginia.  The  manuscript  is  lost,  but 
extended  extracts  from  it  (such  as  would  fill  some  twenty-five  pages  of 
this  volume)  are  preserved  in  the  fourth  volume  of  "Purchas  his  Pil- 
grimes  "  (1625). 

.  .  .  The  six  and  twentieth  day  of  Aprill  about  foure  a 
clocke  in  the  morning,  wee  descried  the  Land  of  Virginia :  the 
same  day  wee  enterd  into  the  Bay  of  Chesupioc  without  any 
let  or  hinderance  ;  there  wee  landed  and  discovered  a  little  way, 
but  we  could  find  nothing  worth  the  speaking  of  but  faire 
meddowes  and  goodly  tall  Trees,  with  such  Fresh-waters  run- 
ninge  through  the  woods  as  I  was  almost  ravished  at  the  first 
sight  thereof. 

At  night,  when  wee  were  going  aboard,  there  came  the  Sav 
ages  creeping  upon  all  foure,  from  the  Hills,  like  Beares,  with 
their  Bowes  in  their  mouthes,  [and]  charged  us  very  desper 
ately  .  .  .  After  they  had  spent  their  Arrowes  and  felt  the 
sharpnesse  of  our  shot,  they  retired  into  the  Woods  with  a 
great  noise,  and  so  left  us. 

The  [28th]  day  ...  we  went  further  into  the  Bay,  and  saw 
a  plaine  plot  of  ground  where  we  went  on  Land  ...  we  saw 
nothing  there  but  a  Cannow,  which  was  made  out  of  the  whole 
tree,  which  was  five  and  fortie  foot  long,  by  the  Rule.  Upon 
this  plot  of  ground  we  got  good  store  of  Mussels  and  Oysters, 
which  lay  upon  the  ground  as  thicke  as  stones :  wee  opened 
some  and  found  in  many  of  them  Pearles.  .  .  .  We  passed 
through  excellent  ground  full  of  Flowers  of  divers  kinds  and 
colours,  and  as  goodly  trees  as  I  have  seene,  as  cedar,  cipresse, 


36  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

and  other  kindes.  Going  a  little  farther,  we  came  into  a  little 
plot  full  of  fine  and  beautifull  strawberries,  foure  times  bigger 
and  better  than  ours  in  England. 

******* 

[The  closing  pages  are  in  the  main  a  list  of  deaths,  through 
August  and  September.]  Our  men  were  destroyed  with  cruell 
diseases,  as  Swellings,  Fluxes,  Burning  fevers,  and  by  warres ; 
and  some  departed  suddenly,  but  for  the  most  part  they  died 
'of  rneere  famine.  There  were  never  Englishmen  left  in  a 
forreigne  Countrey  in  such  miserie  as  wee  were  .  .  .  Wee 
watched  every  three  nights,  lying  on  the  bare  cold  ground, 
what  weather  soever  came;  [and]  warded  all  the  next  day, 
which  brought  our  men  to  bee  most  feeble  wretches.  Our  feed 
was  but  a  small  can  of  Barlie  sod  in  Water  to  five  men  a  day ; 
our  drinke,  cold  water  taken  out  of  the  River,  which  was  at  a 
flood  verie  Salt,  at  a  low  tide  full  of  slime  and  filth,  which  was 
the  destruction  of  many  of  our  men.  Thus  we  lived  for  the 
space  of  five  months  in  this  miserable  distresse,  not  having 
five  able  men  to  man  our  Bulwarkes  upon  any  occasion.  If  it 
had  not  pleased  God  to  have  put  a  terrour  in  the  Savages 
heartes,  we  had  all  perished  by  those  vild  and  cruell  Pagans, 
being  in  that  weake  estate  .  .  .  our  men  night  and  day  groan 
ing  in  every  corner  of  the  Fort  most  pittifnl  to  heare.  If  there 
were  any  conscience  in  men,  it  would  make  their  harts  to 
bleede  to  heare  the  pittifull  murmurings  and  outcries  of  our 
sick  men  without  reliefe  every  night  and  day  for  the  space  of 
sixe  weekes,  some  departing  out  of  the  World,  many  times 
three  or  foure  in  a  night,  in  the  morning  their  bodies  trailed 
out  of  their  Cabin es  like  Dogges  to  be  burried. 

b.   "Gentlemen"  in  Virginia,  in  1608 

From  an  account  written  probably  by  Captain  Todkill,  a  rough  soldier, 
and  published  in  Smith's  Works  (Birmingham  edition),  439. 

But  30  of  us  he  [Smith]  conducted  doune  the  river  some  5 
myles  from  James  toune,  to  learne  to  make  Clapbord,  cut  doune 


SECOND  CHARTER  OF  VIRGINIA  37 

trees,  and  lye  in  the  woods.  Amongst  the  rest  he  had  chosen 
Gabriel  Beadle,  and  John  Russell,  the  onely  two  gallants  of  this 
last  Supply,  and  both  proper  Gentlemen.  Straunge  were  these 
pleasures  to  their  conditions ;  yet  lodging,  eating,  and  drink 
ing,  working  or  playing,  they  [were]  but  doing  as  the  President 
did  himselfe.  All  these  things  were  carried  so  pleasantly  as 
within  a  weeke  they  became  Masters :  making  it  their  delight 
to  heare  the  trees  thunder  as  they  fell ;  but  the  Axes  so  oft 
blistered  their  tender  ringers  that  many  times  every  third 
blow  had  a  loud  othe  to  droune  the  eccho;  for  remedie  of 
which  sinne,  the  President  devised  how  to  have  every  mans 
othes  numbred,  and  at  night  for  every  othe  to  have  a  Cann  of 
water  poured  doune  his  sleeve,  with  which  every  offender  was 
so  washed  (himselfe  and  all)  that  a  man  should  scarce  heare 
an  othe  in  a  weeke. 

By  this,  let  no  man  thinke  that  the  President  and  these  Gentle 
men  spent  their  times  as  common  Wood  haggers  at  felling  of  trees, 
or  such  other  like  labour,  or  that  they  were  pressed  to  it  as  hire 
lings,  or  common  slaves;  for  what  they  did,  after  they  were  but 
once  a  little  inured,  it  seemed  .  .  .  onely  as  a  pleasure  and  recrea 
tion  :  yet  30  or  40  of  such  voluntary  Gentleman  would  doe  more 
in  a  day  than  100  of  the  rest  that  must  be  prest  to  it  by  compul 
sion;  but  twentie  good  ivorkemen  had  beene  better  than  them  all. 

20.    Second  Charter  of  Virginia;    May  23  /  June  2,   1609 

The  text  is  printed  in  Stith's  History  of  Virginia;  cf.  introduction  to 
No.  16. 

I.  —  [A  recital  of  the  grant  of  1606.] 

II. — Now,  forasmuch  as  divers  and  sundry  of  our  loving 
Subjects,  as  well  Adventurers,  as  Planters,  of  the  said  first  Col 
ony,  which  have  already  engaged  themselves  in  furthering  the 
Business  of  the  said  Colony  and  Plantation,  and  do  further  in 
tend,  by  the  Assistance  of  Almighty  God,  to  prosecute  the  same 
to  a  happy  End,  have  of  late  been  humble  Suitors  unto  Us,  that 
(in  Respect  of  their  great  Charges  and  the  Adventure  of  many  of 


38  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

their  Lives,  which  they  have  hazarded  in  the  said  Discovery 
and  Plantation  of  the  said  Country)  We  would  be  pleased  to 
grant  them  a  further  Enlargement  and  Explanation  of  the 
said  Grant,  Privileges,  and  Liberties,  and  that  such  Counsellors, 
and  other  Officers,  may  be  appointed  amongst  them,  to  manage 
and  direct  their  affairs,  as  are  willing  and  ready  to  adventure  with 
them,  as  also  whose  Dwellings  are  not  so  far  remote  from  the 
City  of  London  but  that  they  may,  at  convenient  Times,  be  ready 
at  Hand  to  give  their  Advice  and  Assistance  upon  all  Oc 
casions  requisite. 

III.  —  WE,  greatly  affecting  the  effectual  Prosecution  and 
happy  Success  of  the  said  Plantation,  and  commending  their 
good  Desires  therein,  for  their  further  Encouragement  in  ac 
complishing  so  excellent  a  Work,  much  pleasing  to  God,  and 
profitable  to  our  Kingdom,  Do  ...  GIVE,  GRANT,  and  CONFIRM, 
to  our  trusty  and  well-beloved  Subjects,  Robert,  Earl  of  Salis 
bury  1  .  .  .  ;  AND  to  such,  and  so  many,  as  they  do,  or  shall 
hereafter,  admit  to  be  joined  with  them,  in  Form  hereafter  in 
these  Presents  expressed,  whether  they  go  in  their  Persons,  to 
be  Planters  there  in  the  said  Plantation,  or  whether  they  go 
not,  but  adventure  their  Monies,  Goods,  or  Chattels  ;  THAT  they 
shall  be  one  Body  or  Commonalty  perpetual,  and  shall  have  per 
petual  Succession,  and  one  common  Seal,  to  serve  for  the  said 
Body  or  Commonalty ;  And  that  they,  and  their  Successors, 
shall  be  KNOWN,  CALLED,  and  INCORPORATED  by  the  Name  of, 
TJie  Treasurer  and  Company  of  Adventurers  and  Planters  of  the 
City  of  London  for  the  first  Colony  in  Virginia: 

1  Here  follow  the  names  of  659  persons  and  56  gilds.  The  lists  would  fill 
some  ten  pages.  It  includes  21  of  the  greatest  lords  in  England,  96  knights 
and  some  90  other  country  gentlemen,  53  "captains,"  and  a  number  of 
"sadlers,"  "drapers,"  "grocers,"  etc.,  with  some  professional  men  and 
others  not  classified.  Fifty  of  the  incorporators  were  members  of  the  existing 
parliament,  and  fifty  more  were  members  of  Parliament  at  one  time  or  an 
other.  Among  the  659  incorporators  were  Robert  Cecil  (the  minister  of 
Elizabeth  and  of  James),  the  Earl  of  Southampton  (Shakspere's  friend),  Sir 
Oliver  Cromwell  (uncle  to  the  great  Oliver),  Francis  Bacon,  Richard  Hak- 
luyt,  George  Calvert  (afterward  Lord  Baltimore),  and  Sir  Edwin  Sandys, 
soon  to  be  the  great  Puritan  leader  in  Parliament. 


SECOND  CHARTER  OF  VIRGINIA  39 

IV.  —  AXD  that  they,  and  their  Successors,  shall  be,  from 
henceforth,  for  ever  enabled  to  TAKE,  ACQUIRE,  and  PURCHASE, 
by  the  Name  aforesaid  (Licence  for  the  same,  from  Us,  our 
Heirs  or  Successors,  first  had  and  obtained)  any  Manner  of 
Lands,  Tenements,  and  Hereditaments,  Goods,  and  Chattels, 
within  our  Realm  of  England  and  Dominion  of  Wales: 

V.  —  AXD  that  they,  and  their  Successors,  shall  likewise  be 
enabled,  by  the  Name  aforesaid,  to  PLEAD,  and  BE  IMPLEADED, 
before  any  of  our  Judges  or  Justices,  in  any  of  our  Courts,  and- 
in  any  Actions  or  Suits  whatsoever. 

VI.  —  AND  we  do  also  .  .  .  GIVE,  GRAXT  and  COXFIRM,  unto 
the  said  Treasurer  and  Company,  and  their  Successors,  under 
the  Reservations,  Limitations,  and  Declarations,  hereafter  ex 
pressed,  all  those  Lands,  Countries,  and  Territories,  situate, 
lying,  and  being,  in  that  Part  of  America  called  VIRGIXIA,  from 
the  Point  of  Land,  called  Cape  or  Point  Comfort,  all  along  the 
Sea  Coast,  to  the  Northward  two  hundred  Miles,  and  from  the 
said  Point  of  Cape  Comfort,  all  along  the  Sea  Coast,  to  the 
Southward  two  hundred  Miles,  and  all  that  Space  and  Circuit 
of  Land,  lying  from  the  Sea  Coast  of  the  Precinct  aforesaid,  up 
into  the  Land,  throughout  from  Sea  to  Sea,  West  and  North 
west;   And  also   all   the    Islands   lying  within  one   hundred 
Miles   along   the  Coast  of  both  Seas   of  the   Precinct  afore 
said;  .  .   . 

VII.  —  [Right  to  dispose  of  lands.] 

VIII.  —  AXD  forasmuch,  as  the  good  and  prosperous  Success 
of  the  said  Plantation  cannot  but  chiefly  depend,  next  under 
the  Blessing  of  God,  and  the  Support  of  our  Royal  Authority, 
upon  the  provident  and  good  Direction  of  the  whole  Enter- 
prize  by  a  careful  and  understanding  Council,  and  that  it  is 
not  convenient   that  all   the  Adventurers   shall   be   so   often 
drawn  to  meet  and  assemble,  as  shall  be  requisite  for  them  to 
have   Meetings   and   Conference   about   the   Affairs    thereof ; 
Therefore  we  DO  ORDAIN,  establish,  and  confirm,  that  there 
shall  be  perpetually  one  COUXCIL  here  resident,  according  to 
the   Tenour   of   our   former   Letters-patents;  Which   Council 


40  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

shall  have  a  Seal,  for  the  better  Government  and  Administra 
tion  of  the  said  Plantation,  besides  the  legal  Seal  of  the  Com 
pany  or  Corporation,  as  in  our  former  Letters-patents  is  also 
expressed. 

IX.  —  [Names  of  the  members  of  the  council  appointed.] 

X.  —  AND  the  said  Sir  Thomas  Smith  we  do  ORDAIN  to  be 
Treasurer  of  the  said  Company  ;  which  Treasurer  shall  have 
Authority  to  give  Order  for  the  Warning  of  the  Council,  and 
summoning  the  Company,  to  their  Courts  and  Meetings. 

XI.  —  AXD  the  said  Council  and  Treasurer,  or  any  of  them, 
shall  be  from  henceforth,  nominated,  chosen,  continued,  dis 
placed,  changed,   altered,  and   supplied,    as   Death,   or   other 
several  Occasions,  shall  require,  out  of  the  Company  of  the 
said  Adventurers,  by  the  Voice  of  the  greater  Part  of  the  said 
Company  and  Adventurers,  in  their  Assembly  for  that  Pur 
pose  :    PROVIDED  always,  That   every   Counsellor,    so  newly 
elected,  shall  be  presented  to  the  Lord  Chancellor  of  England, 
or  to  the  Lord  High  Treasurer  of  England)  or  to  the  Lord 
Chamberlain  of  the  Household  of  Us,  our  Heirs,  and  Successors, 
for  the  time  being,  to  take  his  Oath  of  a  Counsellor  to  Us,  our 
Heirs,  and  Successors,  for  the  said  Company  of  Adventurers 
and  Colony  in  Virginia. 

XII.  —  [Provision  for  a  Deputy  Treasurer.] 

XIII.  —  AXD  further  ...  we  do,  by  these  Presents,  GIVE 
and  GRANT  full  Power  and  Authority  to  our  said  Council,  here 
resident,  as  well  at  this  present  Time,  as  hereafter  from  time 
to  time,  to  nominate,  make,  constitute,  ordain,  and  confirm,  by 
such  Name  or  Names,  Stile  or  Stiles,  as  to  them  shall  seem 
good,  And  likewise  to  revoke,  discharge,  change,  and  alter,  as 
well  all  and  singular  Governors,  Officers,  and  Ministers,  which 
already  have  been  made,  as  also  which  hereafter  shall  be  by 
them  thought  fit  and  needful  to  be   made   or  used,   for   the 
Government  of  the  said  Colony  and  Plantation  :  * 

lHannis  Taylor  (in  his  English  Constitution,  I,  21),  in  a  passage  abounding 
in  blunders,  regards  this  Council  as  made  up  of  Virginians  and  exercising 
local  self-government.  Unhappily  there  are  other  instances  of  the  same  error 
in  standard  works. 


SECOND  CHARTER  OF  VIRGINIA  41 

XIV.  —  AND  also  to  make,  ordain,  and  establish  all  Manner 
of  Orders,  Laws,  Directions,  Instructions,   Forms,  and  Cere 
monies  of  Government  and  Magistracy,  fit  and  necessary,  for 
and  concerning  the  Government  of  the  said  Colony  and  Plan 
tation;  And  the   same,    at  all  times  hereafter,   to   abrogate, 
revoke,  or  change,  not  only  within  the  Precincts  of  the  said 
Colony,  but  also  upon  the  Seas  in  going  and  coming  to  and 
from  the  said  Colony,  as  they,  in  their  good  Discretion,  shall 
think  to  be  fittest  for  the  Good  of  the  Adventurers  and  Inhabit 
ants  there. 

XV.  —  [Previous  authorities  in  Virginia  supplanted  by  these 
new  arrangements.] 

XVI.  —  AND  we  do  further,  by  these  Presents,  ORDAIN  and 
establish,  that  the  said  Treasurer  and  Council  here  resident, 
and  their  Successors,  or  any  four  of  them,  being  assembled 
(the  Treasurer  being  one)  shall,  from  time  to  time,  have  full 
Power  and  Authority,  to  admit  and  receive  any  other  Person 
into  their  Company,  Corporation,  and  Freedom ;  And  further, 
in  a  General  Assembly  of  the  Adventurers,  with  the  Consent 
of  the  greater  Part,  upon  good  Cause,  to  disfranchise  and  put 
out   any   Person   or   Persons,   out   of    the   said    Freedom   or 
Company. 

XVII.  —  [Right  to  minerals,  as  in  First  Charter,  section  IX, 
paying  to  the  king  the  fifth  part,  etc.] 

XVIII.  —  [Right  to  transport  willing  colonists  to  Virginia.] 
XIX. —  [Certain  exemptions  from  English  customs  duties, 

in  favor  of  the  Company.] 

XX.  —  [Grant  to  the  Company  and  to  its  officers  in  Virginia 
that  it  may  expel  unwelcome  settlers  and  outsiders  who  "  en 
terprise"  destruction,  hurt,  or  annoyance.     The  language  is 
taken  from  the  First  Charter,  section  XII.] 

XXI.  —  [Right  to  levy  import  duties,  as  in  First  Charter.] 
XXII. —  [Rights  of  settlers.     Repeated  from  First  Charter, 

section  XV.] 

XXIII. — AND  forasmuch,  as  it  shall  be  necessary  for  all 
such  our  loving  Subjects  as  shall  inhabit  within  the  said  Pre- 


42  ILLUSTRATIVE  OF  VIRGINIA  HISTORY 

cincts  of  Virginia,  aforesaid,  to  determine  to  live  together,  in 
the  Fear  and  true  Worship  of  Almighty  God,  Christian  Peace, 
and  civil  Quietness,  each  with  other,  whereby  every  one  may, 
with  more  Safety,  Pleasure,  and  Profit,  enjoy  that  whereunto 
they  shall  attain  with  great  Pain  and  Peril ;  WE  ...  do  GIVE 
and  GRANT  unto  the  said  Treasurer  and  Company,  and  their 
Successors,  and  to  such  Governors,  Officers,  and  Ministers,  as 
shall  be,  by  our  said  Council,  constituted  and  appointed,  ac 
cording  to  the  Natures  and  Limits  of  their  Offices  and  Places 
respectively,  that  they  shall  and  may,  from  time  to  time  for 
ever  hereafter,  within  the  said  Precincts  of  Virginia,  or  in  the 
way  by  Sea  thither  and  from  thence,  have  full  and  absolute 
Power  and  Authority,  to  correct,  punish,  pardon,  govern,  and 
rule,  all  such  the  Subjects  of  Us  ...  as  shall,  from  time  to  time, 
adventure  themselves  in  any  Voyage  thither,  or  that  shall,  at 
any  time  hereafter,  inhabit  in  the  Precincts  and  Territories 
of  the  said  Colony,  as  aforesaid,  according  to  such  orders, 
Ordinances,  Constitutions,  Directions,  and  Instructions,  as  by 
our  said  Council,  as  aforesaid,  shall  be  established ;  And  in 
Defect  thereof,  in  case  of  Necessity,  according  to  the  good 
Discretions  of  the  said  Governor  and  Officers,  respectively,  as  well 
in  Cases  capital  and  criminal  as  civil,  both  marine  and  other ;  So 
always,  as  the  said  Statutes,  Ordinances,  and  Proceedings,  as 
near  as  conveniently  may  be,  be  agreeable  to  the  Laws,  Statutes, 
Government,  and  Policy  of  this  our  Realm  of  England. 

XXIV.  —  AND  we  do   further   .    .    .   GRANT,  DECLARE,  and 
ORDAIN,  that  such  principal  Governor,  as,  from  time  to  time, 
shall  duly  and  lawfully  be  authorised  and  appointed,  in  Man 
ner  and  Form  in  these  Presents  heretofore  expressed,  shall 
have  full  Power  and  Authority,  to  use  and  exercise  Martial 
Law,  in  Cases  of  Rebellion  or  Mutiny,  in  as  large  and  ample 
Manner  as  our  Lieutenants  in  our  Counties,  within  this  our 
Realm  of  England,  have,  or  ought  to  have.  .  .  . 

XXV.  —  [Penalty  for  trying  to  evade  English  revenue  laws 
under  color  of  transporting  goods  to  the  colony,  as  in  section 
XVI  of  the  First  Charter.] 


SECOND  CHARTER   OF  VIRGINIA  43 

XXVI.  —  And  further  our  will  and  pleasure  is,  that  in  all 
questions   and   doubts   that    shall    arise   upon   any  difficulty 
of  construction  or  interpretation  of  anything  contained  either 
in  this  or  in  our  said  former  letters  patents,  the  same  shall  be 
taken  and  interpreted  in  most  ample  and  beneficial  manner 
for  the  said  treasurer  and  company  .  .  . 

XXVII.  —  [Confirms  all  privileges  granted  in  the  first  charter 
and  not  herein  altered  or  revoked.] 

XXVIII.  —  [Provides  that  anyone  who  will  adventure  the 
necessary  money  shall  be  received  in  full  equality  as  a  mem 
ber  of  the  Company.] 

XXIX.  —  AND  lastly,  because  the  principal  Effect  which  we, 
can  desire  or  expect  of   this  Action,  is  the  Conversion  and 
Reduction  of  the  People  in  those  Parts  unto  the  true  Worship 
of  God  and  Christian  Religion,  in  which  Respect  we  should  be 
loath  that  any  Person  should  be  permitted   to  pass  that  we 
suspected  to  affect  the  superstitions  of  the  Church  of  Rome; 
We   do   hereby  DECLARE,  that   it   is   our  Will  and  Pleasure, 
that  none   be   permitted   to   pass  in  any  Voyage,  from  time 
to  time  to  be  made  into  the  said  Country,  but  such  as  first 
shall  have  taken  the  Oath   of    Supremacy;   For   which   Pur 
pose,  we   do,   by   these   Presents,  give   full   Power   and  Au 
thority,  to  the  Treasurer  for  the  time  being,  and   any  three 
of  the  Council,  to  tender  and  exhibit  the    said   Oath  to   all 
such  Persons   as  shall   at   any  time   be   sent   and   employed 
in  the  said  Voyage.  .  .  . 

[It  is  a  profitable  exercise  to  read  some  of  the  sections  in  a  more 
logical  order.  Thus  the  political  provisions  are  seen  better  if  arranged 
in  the  following  sequence:  XIV,  XIII,  XV,  XXIII,  XXIV,  XXII. 
Certainly,  too,  XXVIII  should  follow,  or  be  combined  with,  XVI.  The 
utterly  meaningless  arrangement  of  many  of  these  great  documents,  to 
gether  with  the  unpardonable  carelessness  of  the  copiers,  account  partly 
for  their  needless  length  and  largely  for  their  obscurity. 

Nova  Britannia  (No.  6  above)  contains  also  an  explanation  of  the 
method  of  "industry  in  common"  and  of  the  proposed  method  of 
sharing  profits,  —  all  of  which  was  continued  ten  years  more  under  this 
charter :  — 


44  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

"  Wee  call  those  Planters  that  goe  in  their  persons  to  dwell 
there,  and  those  Adventurers  that  adventure  their  money  and 
go  not  in  person ;  and  both  doe  make  the  members  of  one 
Colonie.  We  do  account  twelve  pound  ten  shillings  to  be  a 
single  share  adventured.  Every  ordinary  man  or  woman,  if 
they  will  goe  and  dwell  there,  and  every  childe  above  tenne 
yeares  that  shall  be  carried  thither  to  remaine,  shall  be  allowed 
for  each  of  their  persons  a  single  share,  as  if  they  had  adven 
tured  twelve  pound  ten  shillings  in  money.  [Extraordinarie 
men,  as  Divines,  Governors,  .  .  .  Knights,  Gentlemen,  Physi- 
tions,  and  such  as  be  men  of  worth  for  special  services,  to  be 
rated  higher, — as  the  Council  may  value  them.]  And  like 
wise,  if  any  that  goe  to  bee  planters  will  lay  downe  money 
to  the  Treasurer,  it  shall  be  also  registered  and  their  shares 
inlarged,  accordingly,  be  it  for  more  or  lesse.  All  charges  of 
setling  and  maintaining  the  Plantation,  and  of  making  supplies, 
shall  be  borne  in  a  joint  stock  of  the  adventurers  for  seven 
yeares  after  the  date  of  our  new  enlargement :  during  which 
time  there  shall  be  no  adventure  nor  goods  returned  in  private 
from  thence,  neytheir  by  Master,  Marriner,  Planter,  nor 
Passenger."] 

21.  Third  Charter  for  Virginia.  March  12/22, 1611/1612 l 

First  printed  in  Stith  (cf.  introduction  to  No.  16)  ;  found  also  in  the 
collections  of  Poore  and  Thorpe  (cf.  introduction  to  No.  15). 

The  greater  part  of  this  document  is  given  (1)  to  an  enlargement  of 
territory  (by  inclusion  of  the  Somers  islands),  (2)  to  extraordinary  rights 
of  jurisdiction  to  compel  fulfilment  of  contracts  and  to  prevent  slander 
of  the  Company,  and  (3)  to  provisions  for  lotteries  for  the  Company's 
support.  These  parts  are  omitted.  Only  those  clauses  are  given  here 

i  England  in  the  seventeenth  century  still  used  the  "Old  Style"  dates, 
instead  of  the  "  New  "  or  Gregorian  Style.  The  year  began  March  25,  instead 
of  January  1,  and  all  dates  between  these  two  (from  January  1  to  March  25) 
were  then  given  in  the  year  previous  to  the  one  in  which  our  "  New  Style  " 
puts  them.  Moreover,  the  New  Style  moved  all  dates  forward  ten  days. 
Therefore  March  12, 1611,  as  the  charter  was  dated  at  the  time,  means  to  us 
March  22,  1612. 


THIRD  CHARTER  FOR  VIRGINIA  45 

which  bear  upon  the  reorganization  of  the  Company  and  upon  its  powers 
of  government. 

VII.  —  AND  We  do  hereby   ORDAIN  and  GRANT,  by  these 
Presents,  that  the  said  Treasurer  and  Company  of  Adventurers 
and  Planters  aforesaid,  shall  and  may,  once  every  Week,  or 
oftener,  at  their  Pleasure,  hold  and  keep  a  Court  and  Assembly, 
for  the  better  Order  and  Government  of  the  said  Plantation, 
and  such  things,  as  shall  concern  the  same  ;    And  that  any 
five  Persons  of  our  Council  for  the  said  first  Colony  in  Virginia, 
for  the  time  being,  of  which  Company  the  Treasurer,  or  his 
Deputy,  to  be  always  one,  and  the  Number  of  fifteen  others, 
at  the  least,  of  the  Generality  of  the  said  Company,  assembled 
together  in  such  Manner  as  is  and  hath  been  heretofore  used 
and  accustomed,  shall  be  said,  taken,  held,  and  reputed  to  be, 
and  shall  be  a  sufficient  Court  of  the  said  Company,  for  the 
handling,  and  ordering,  and  dispathcing  [dispatching]  of  all 
such  casual  and  particular  Occurrences,  and  accidental  Mat 
ters,  of  less  Consequence  and  Weight,  as  shall,  from  time  to 
time,  happen,  touching  and  concerning  the  said  Plantation : 

VIII.  —  AND  that  nevertheless,  for  the  handling,  ordering, 
and  disposing  of  Matters  and  Affairs  of  greater  Weight  and 
Importance,  and  such,  as  shall  or  may,  in  any  Sort,  concern 
the  Weal  Publick  and  General  Good  of  the  said  Company  and 
Plantation,  as  namely,  the  Manner  of  Government  from  time 
to  time  to  be  used,  the  Ordering  and  disposing  of  the  Lands 
and  Possessions,  and  the  Settling  and  Establishing  of  a  Trade 
there,  or  such  like,  there  shall  be  held  and  kept,  every  Year, 
upon  the  last  Wednesday,  save  one,  of  Hillary  Term,  Easter, 
Trinity,  and  Michaelmas  Terms,  for  ever,  one  great,  general, 
and  solemn  Assembly,  which  four  Assemblies  shall  be  stiled 
and  called,  The  four  Great  and  General  Courts  of  the  Council 
and  Company  of  Adventurers  for  Virginia  ;   In  all   and  every 
of  which  said  Great  and  General  Courts,  so  assembled  .  .  . 
the  said  Treasurer  and  Company,  or  the  greater  Number  of 
them,    so   assembled,   shall   and   may   have   full   Power    and 
Authority,  from  time  to  time,  and  at  all  times  hereafter,  to 


46  ILLUSTRATIVE   OF  VIRGINIA   HISTORY 

elect  and  chuse  discreet  Persons,  to  be  of  our  said  Council  for 
the  said  first  Colony  in  Virginia,  and  to  nominate  and  appoint 
such  officers,  as  they  shall  think  fit  and  requisite  for  the  Gov 
ernment,  Managing,  Ordering,  and  Dispatching  of  the  Affairs 
of  the  said  Company ;  And  shall  likewise  have  full  Power  and 
Authority,  to  ordain  and  make  such  Laws  and  Ordinances,  for 
the  Good  and  Welfare  of  the  said  Plantation,  as  to  them,  from 
time  to  time,  shall  be  thought  requisite  and  meet :  So  ahvays, 
as  the  same  be  not  contrary  to  the  Laws  and  Statutes  of  this 
our  Realm  of  England 

X.  —  And    we    do  ...  further    grant  .  .  .  that    the    said 
Treasurer  and  Company,  or  the  greater  Part  of  them  ...  so 
in  a  full  and  general  Court  assembled  .  .  .  shall  and  may  .  .  . 
admit  into  their  Company  .  .   .  any  Person  or  Persons  .  .  . 

XI.  —  And  We  do  further  .  .  .  grant  .  .  .  that  it  shall  be 
lawful  and  free  for  them  .  .  .  out  of  our  Dominions  ...  to 
take,  lead,  carry  and  transport  .  .  .  for  and  toward  the  said 
Plantation  of   our    said  .  .  .  Colony    of  Virginia   all    and   so 
many  of  our  loving  Subjects  ...  as  shall  willingly  accompany 
them.  .  .   . 

XII. — And  We  do  further  .  .  .  grant  .  .  .  that  the  said 
Treasurer  of  that  Company,  or  his  Deputy  ...  or  any  two 
other  of  the  said  Council  .  .  .  have  full  power  and  authority 
to  minister  and  give  the  Oath  and  Oaths  of  Supremacy  and 
Allegiance,  or  either  of  them,  to  all  and  every  Person  and 
Persons,  which  shall  at  any  Time  or  Times  ...  go  or  pass 
to  the  said  Colony. 

XX.  —  And  further,  our  Will  and  Pleasure  is,  that  in  all  Ques 
tions  and  Doubts,  that  shall  arise,  upon  any  Difficulty  of  Con 
struction  or  Interpretation  of  any  Thing,  contained  in  these,  or 
any  other  our  former  Letters-patents,  the  same  shall  be  taken 
and  interpreted,  in  most  ample  and  beneficial  Manner  for  the 
said  Treasurer  and  Company,  and  their  Successors,  and  every 
Member  thereof. 

XXI.  —  And  lastly,  we  do,  by  these  Presents,  RATIFY  AND 
CONFIRM   unto   the   said   Treasurer   and  Company,  and  their 


DANGER  FROM  SPANISH  ATTACK  47 

Successors,  for  ever,  all  and  all  Manner  of  Privileges,  Franchises, 
Liberties,  Immunities,  Preheminences,  Profits,  and  Commod 
ities,  whatsoever,  granted  unto  them  in  any  our  former  Letters- 
patents,  and  not  in  these  Presents  revoked,  altered,  changed, 
or  abridged. 

Hints  for  Study. —  1.  Compare  the  clauses  relating  to  the  oath. of 
supremacy  in  the  second  and  third  charters.  (The  passage  given  above 
contains  all  such  matter  found  in  the  third  charter.)  When  the  third 
charter  was  issued,  James  had  broken  with  his  first  parliament,  and 
probably  wished  to  draw  the  great  Catholic  lords  nearer  to  himself. 

2.  Compare  the  provisions  for  the  meeting  of  the  whole  Company  in 
the  second  charter  with  the  more  specific  provisions  in  the  third. 

3.  The  most  important  sections  are  VII  and  VIII.    Observe  that  no  regu 
lar  meetings  of  the  Council  are  provided.     That  body  had  lost  all  control 
ling  power  ;  it  remained  merely  a  preconsidering  body,  to  prepare  business 
for  the  meetings  of  the  stockholders.     Five  of  the  Council,  however,  had  to 
be  of  the  small  quorum  necessary  for  one  of  the  minor  "  courts  "  (VII),  and, 
in  fact,  those  minor  courts  were  usually  little  more  than  Council  meetings. 

From  the  general  tenor  of  this  charter  and  the  preceding  one,  it  would 
seem  as  though  "Planters"  from  Virginia,  if  present  in  London,  might 
attend  the  "Courts"  and  vote.  But  in  practice,  when  this  question 
was  raised,  it  was  decided  against  the  visiting  Planters  (Company  Rec 
ords,  II,  301).  Only  holders  of  shares  of  stock  could  vote,  and,  in  prac 
tice,  stock  certificates  were  not  issued  for  emigration  to  America. 

22.    Danger  from  Spanish  Attack  (1607-1614) 

The  following  extracts  from  the  correspondence  between  Zuniga,  the 
Spanish  ambassador  at  London,  and  the  King  of  Spain  are  taken  from 
the  documents  printed  in  Brown's  Genesis.  These  letters  were  usually 
in  cypher.  The  translations,  of  course,  are  in  modern  English.  Cf. 
American  History  and  Government,  §  24. 

a.  Zuniga  to  the  King  of  Spain;  London,  October  16, 

1607 

Those  who  urge  the  colonization  of  Virginia  become  every 
day  more  eager  .  .  .  and  before  Nativity  there  will  sail  from 
here  [London]  and  from  Plymouth  five  or  six  ships.  It  will 
be  serving  God  and  Your  Majesty  to  drive  these  villains  out  from 
there,  hanging  them. 


48  ILLUSTRATIVE^  OF  VIRGINIA  HISTORY 

[In  this  same  letter,  Zyniga  says  that  he  has  found  a  man  to  inform 
him  of  all  the  secret  doings  of  the  Council  for  Virginia  ;  and,  November  10, 
he  advises  that  the  Spanish  "  Windward  fleet"  be  used  at  once  to  drive 
out  the  colonists.  The  Spanish  Council  at  Madrid  reported,  however, 
that  the  fleet  was  not  in  state  of  preparation.] 

[December  6.]  As  to  Virginia,  I  hear  that  three  or  four 
other  ships  will  return  there.  Witt  your  Majesty  give  orders 
that  measures  be  taken  in  time  [to  destroy  the  settlement]  ; 
because  now  it  will  be  very  easy,  and  quite  difficult  afterwards, 
when  they  have  taken  root;  and  if  they  are  punished  in  the 
beginning,  the  result  will  be  that  no.  more  will  go  there. 

[December  22.]  It  appears  that  there  will  be  more  people 
there  after  Nativity  than  those  I  have  written  of.  Wherefore 
Your  Majesty  will  see  how  necessary  it  is  to  act  with  vigor 
and  hasten  the  remedy. 

[After  reading  these  letters,  the  Spanish  Council  made  the  following 
record  :  "The  Council  says  that  having  informed  Your  Majesty  .  .  . 
Your  Majesty  was  pleased  to  command  that  there  should  be  prepared 
whatever  was  necessary  to  drive  out  the  people  who  are  in  Virginia." 
This  report  is  indorsed  by  the  King:  "Not  to  let  anyone  know  what 
is  being  done." 

Similar  matter  is  found  in  letters  from  Zuiiiga  under  date  of  March 
28,  1608  ;  November  8,  1608.] 

[March  5,  1609.]  The  Baron  de  Arundel  [an  English 
Catholic  who  had  been  a  candidate  for  the  governorship  of 
Virginia,  and  who  now  apparently  was  playing  traitor]  offers 
to  leave  here  whenever  Your  Majesty  may  command,  under 
pretext  of  a  voyage  of  discovery,  and  that  in  the  Canaries  or 
Porto  Rico  he  will  take  on  board  the  person  Your  Majesty 
will  send,  as  a  man  fleeing  out  of  Spain,  and  will  carry  him 
to  Virginia,  and  instruct  him  as  to  ...  the  parts  which  the 
English  hold  .  .  .  and  that  soon  he  will  tell  Your  Majesty 
by  what  means  those  people  may  be  driven  out  without 
violence.1  [But  Zuiiiga  urges  immediate  and  violent  action, 
since  King  James  is  sure  to  acquiesce  after  the  fact.]  Hence 

1  A  long  report  upon  the  state  of  Virginia,  its  geography  and  resources,  by 
an  Irishman  in  Spanish  pay,  is  given  in  Brown's  Genesis,  I,  393-399. 


DANGER  FROM  SPANISH  ATTACK  49 

Tour  Majesty  will  command  that  they  be  destroyed  with  the  utmost 
possible  promptness. 

[April  12,  1609.  After  describing  a  new  English  expedition 
to  Virginia,  —  Lord  Delaware's.]  Your  Majesty  will  see  the 
great  importance  of  this  matter  for  your  Royal  Service,  and 
thus,  I  hope,  will  give  orders  to  have  these  insolent  people  quickly 
annihilated. 

1).    Velasco  (Zuriiga's  Successor  at  the  English  Court}  to 
the  King  of  Spain;  June  14>  1610 

[After  reporting  the  news  of  the  terrible  winter  of  1609  in 
Virginia]  Thus  it  looks  as  if  the  zeal  for  this  enterprise  was 
cooling  off,  and  it  would  be  easy  to  make  an  end  of  it  altogether  by 
sending  out  a  few  ships  to  finish  what  might  be  left  in  that  place. 

[The  Spanish  Council  report  upon  this  letter  to  the  King,  and  add : 
"It  appears  to  the  Council  that  this  should  be  communicated  to  the 
Council  of  War  .  .  .  and  that  it  be  asked  to  state  what  will  be  right  and 
proper  to  do,  the  supply  of  ships  and  whatever  else  may  be  needful  for 
that  purpose.  Y.  M.  will  command  what  shall  be  done."  This  is  in 
dorsed,  with  the  King's  signature,  "  It  is  well." 

c.  Digby  (English  Ambassador  at  Madrid)  to  King 
James 

[September  22,  1612.]  There  is  nothing  so  generally  spoken 
of  in  the  Courte  as  their  intent  to  remove  Our  plantation  from 
Virginia.  And,  for  myne  owne  parte,  I  am  of  beliefe  that  the 
Spaniards  will  serve  us  as  thei  did  the  Frenchmen  in  Florida 
[Ribault's  colony]  unless  wee  undertake  the  business  much 
more  thoroughly  and  roundely  then  hitherto  wee  have  donne.1 
[November  12,  1612.]  I  got  a  view  of  his  [Zunega's]  dis 
patch  [by  bribing  some  Spanish  official,  of  course].  The  chief 
matters  were  .  .  .  that  there  was  no  cause  to  apprehend  so 
much  danger  in  Virginia  .  .  .  that  he  held  it  not  unlikely  the 

1  For  more  such  exhortation  and  warning  from  Digby,  see  Brown's 
Genesis,  539,  588,  592-3,  787. 


50  ILLUSTRATIVE   OF  VIRGINIA  HISTORY 

Business  might  sinke  of  itselfe,  since  it  was  maynteyned  but  by 
these  shifts,  which  could  last  but  for  a  yeare  or  two.  .  .  . 

[For  some  months  after  the  above,  however,  Digby  sends  frequent 
warnings  of  a  Spanish  expedition  which  he  thinks  is  preparing  against 
Virginia  (Brown,  Genesis,  603,  609,  623)  ;  but  May  13,  1613,  he  writes 
again  to  James  I :] 

.  .  .  theire  resolution  is  not  to  stirre  therein  until  they  shall 
be  better  informed  .  .  .  they  are  yet  in  a  greate  hope  that  the 
businesse  will  fall  of  itselfe.  [Cf.  other  letters  to  the  same 
effect,  May  22,  May  26,  Aug.  15,  in  Brown's  Genesis,  634,  635, 
656.] 


IV.   THE  LIBERAL  LONDON   COMPANY  AND  SELF- 
GOVERNMENT   IN   VIRGINIA  (1619-1624) 

23.   From  the  Rules  of  the  Virginia  Company  in  London 

Peter  Force's  Historical  Tracts,  III  (Washington,  1844),  No.  6. 

These  rules,  one  hundred  thirty-two  in  number,  and  bulky  enough  to 
fill  fifty  pages  of  this  volume,  were  adopted  by  the  London  Company 
shortly  after  it  came  under  Liberal  control,  in  June,  1619.  For  the 
history  of  the  struggle  in  the  Company,  cf.  a  brief  statement  in  American 
History  and  Government,  §  27. 

XV.  —  At  the  great  and  generall  Court,  commonly  called  the 
Quarter  Court,  in  Easter  Terme,  all  offices  of  this  Company 
(excepting  the  Counseil)  shall  be  void :  And  the  Court  shall 
proceede  to  an  election  of  new  Officers,  in  manner  following. 

XVII.  —  After  the  choise  of  a  Treasuror,  a  Deputie  shall  be 
chosen ;   then   the   Auditors,   and   Comitties ;  and   lastly   the 
Secretaire,  Bookekeeper,  Husband,  and  Bedle. 

XVIII.  —  At  the  choise  of  each  Officer,  the  persons  nomi 
nated  for  the  election,  shall  withdraw  themselves  till  the  party 
chosen  be  publiquely  so  pronounced.     And  generally  no  man 
shall  be  present  in  the  Court  whilst  himselfe  or  his  matter 
passeth  the  judgement  of  the  Court. . 

XX.  —  It  is  for  weighty  reasons  thought  very  expedient, 
that  no  man  continue  in  the  place  of  Treasurer  or  Deputie, 
above  three  yeares  at  once. 

XXI.  —  For   the  avoiding  of   divers  inconveniences,     It  is 
thought  fit  that  all  elections  of  principall  Officers  in  or  for1 
Virginia  as  also  of  the  Treasurer  and  Deputie  here,  be  per 
formed  by  a  Ballating  box,  as  in  some  other  Companies. 

1  This  means  for,  not  in ;  cf.  Rule  CI. 
51 


52       SELF-GOVERNMENT   IN   VIRGINIA,  1619-1624 

XXVI.  —  He  [the  Treasurer]  is  to  propound  and  put  all 
things  to  the  question  which  the  Court  requires,  under  paine 
of  being  immediately  put  from  his  Office,  if  he  refuse.  In 
which  case  the  Deputie  shall  doo  it,  under  the  like  paine.  And 
if  he  refuse,  then  any  of  the  Council  there  present. 

LXXXIX.  —  Every  man  speaking  in  Court,  shall  addresse 
his  speech  to  the  Treasurer,  or  deputie  in  his  absence,  as 
representing  the  Court :  And  all  private  speeches,  or  directed 
to  particular  persons,  shall  be  forborne. 

XCI.  —  No  man  with  his  speech  shall  interrupt  the  speech 
of  another,  before  he  have  finished :  Except  the  Treasurer,  or 
in  his  absence  the  Deputie,  (with  approbation  of  the  Court)  see- 
cause  to  put  any  to  silence,  for  im pertinency,  or  other  unseemely 
speaking. 

XCIV.  — Whosoever  shall  attempt  by  private  solicitation  to 
packe  the  Court  to  any  unjust  or  unlawfull  end,  shall,  upon 
complaint,  be  convented  before  the  Counsel!,  and,  being  con 
victed,  shall  be  disfranchized. 

CI. — All  principal  Officers  in  [for]  Virginia,  namely  the 
Governour,  Lieutenant  Governour,  Admirall,  Marshal,  chiefe 
Justice,  and  Treasurer,  shall  be  chosen  here  by  Ballating  in 
a  Quarter-Court. 

GIL  —  The  Counseil  established  in  Virginia,  and  all  other 
Officers  there  reserved  to  the  choise  of  the  Companie  here, 
shall  be  chosen  in  a  Quarter-Court  by  onely  erection  of  hands ; 
unless^  the  Court  desire  to  have  it  passe  by  Ballating. 

[The  frequent  reference  to  the  ballot  in  these  rules  is  a  sufficient  answer 
to  an  absurd  claim  that  the  English  colonies  had  to  learn  that  device 
from  Holland.  Cf.  American  History  and  Government,  §  77.  The  use  of 
the  ballot  is  referred  to  frequently  in  the  Company's  Becords,  in  accounts 
of  elections  under  these  rules,  as  in  Eecords,  I,  315,  368,  385,  440,  468, 
471,  474,  489  ;  II,  28,  29,  154,  536,  537.] 


FIRST  REPRESENTATIVE  ASSEMBLY  IN  AMERICA     53 

24.  An  Order  of  the  London  Company  as  to  Self-government 
February  2/12,  1619/20 

Records  of  the  Virginia  Company  in  London  (edited  by  Susan  Kings- 
bury  ;  Washington,  1906),  I,  303. 

This  order,  to  provide  for  temporary  self-government  in  new  colonies 
under  the  jurisdiction  of  the  Company,  was  adopted  on  the  same  day  that 
the  Company  made  four  grants  of  land  to  companies  expecting  to  settle 
in  "  Virginia."  One  of  these  grants  was  to  John  Pierce  and  his  Associ 
ates.  Pierce  was  one  of  the  London  partners  of  the  Mayflower  Pilgrims. 
The  order  below  may  therefore  have  suggested  to  the  Pilgrims  the  May 
flower  Compact  (No.  52  below). 

It  was  ordered  by  generall  Consent  that  such  Captaines  or 
Leaders  of  Perticulerr  Plantacions  that  shall  goe  there  to 
inhabite  ...  in  Virginia,  shall  have  liberty,  till  a  forme  of 
Goverraent  bee  here  settled  for  them,  Associatinge  unto  them 
divers  of  the  gravest  and  discreetes  of  their  companies,  to 
make  Orders,  Ordinances,  and  Constitucions  for  the  better 
orderinge  and  dyrectinge  of  their  Servants  and  buisines,  Pro 
vided  they  be  not  Repugnant  to  the  Lawes  of  England. 

25.    The  First  Representative  Assembly  in  America 
July  30 /August  9,  1619 

Stith  and  Hening  (Nos.  16,  17),  those  early  and  zealous  explorers  in 
Virginian  records,  both  believed  that  no  record  of  this  great  Assembly 
was  extant.  George  Bancroft,  however,  found  a  copy  in  the  London 
Record  Office,  in  1856,  and  published  it  in  the  New  York  Historical  Society 
Collections  of  1857.  A  somewhat  more  critical  text  was  published  in 
1874  by  Wynne  and  Gilman,  in  their  thin  volume  of  Colonial  Records  of 
Virginia.  The  record  was  made  by  John  Twine,  Clerk  of  the  Assembly. 
It  is  printed  here  almost  in  full. 

A  reporte  of  the  manner  of  proceeding  in  the  General  assembly 
convented  at  James  citty  in  Virginia,  July  SO,  1619,  consisting  oj 
the  Governor,  the  Counsell  of  Estate  and  two  Burgesses  elected 
out  of  eache  Incorporation  and  Plantation,  and  being  dissolved 
the  4tk  of  August  next  ensuing. 


54       SELF-GOVERNMENT  IN  VIRGINIA,  1619-1624 


First.  Sir  George  Yeardley,  Knight,  Governed  and  Captaine 
general  of  Virginia,  having  sente  his  sumons  all  over  the 
Country,  as  well  to  invite  those  of  the  Counsell  of  Estate  that 
were  absente  as  also  for  the  election  of  Burgesses,  there  were 
chosen  and  appeared 


For  James  citty 

Captaine  William  Powell, 
Ensigne  William  Spense. 

For  Charles  citty 
Samuel  Sharpe, 
Samuel  Jordan. 

For  Martin  Brandon  —  Capt. 
John  Martin's  Plantation 
Mr.  Thomas  Davis, 
Mr.  Robert  Stacy. 

For  Smythes  hundred 

Captain  Thomas  Graves, 
Mr,  Walter  Shelley. 

For  Martins  hundred 
Mr.  John  Boys, 
John  Jackson. 


For  the  citty  of  Henricus 
Thomas  Dawse, 
John  Polentine. 

For  Kiccowatan 

Captaine  William  Tucker, 
William  Capp. 

For  Ar gall's  guijfe 
Mr.  Pawlett, 
Mr.  Gourgaing. 

For  Flowerdieu  hundred 

Ensigne  Rossingham, 

Mr.  Jefferson. 
For  Captain  Laivne*  s  plantation 

CaptainChristopherLawne, 

Ensigne  WTasher. 

For  Captaine  Wardens  plantation 
Captaine  Warde, 
Lieutenant  Gibbes. 


The  most  convenient  place  we  could  finde  to  sitt  in  was  the 
Quire  of  the  Churche  Where  Sir  George  Yeardley,  the  Govern- 
our,  being  sett  down  in  his  accustomed  place,  those  of  the 
Counsel  of  Estate  sate  nexte  him  on  both  handes,  excepte  onely 
the  Secretary  then  appointed  Speaker,  who  sate  right  before 
him,  John  Twine,  clerke  of  the  General  assembly,  being  placed 
nexte  the  Speaker,  and  Thomas  Pierse,  the  Sergeant,  standing 
at  the  barre,  to  be  ready  for  any  Service  the  Assembly  should 
comaund  him.  But  forasmuche  as  men's  affaires  doe  little 
prosper  where  God's  service  is  neglected,  all  the  Burgesses 


FIRST   REPRESENTATIVE  ASSEMBLY   IN  AMERICA    55 

tooke  their  places  in  the  Quire  till  a  prayer  was  said  by  Mr. 
Bucke,  the  Minister,  that  it  would  please  God  to  guide  and 
sanctifie  all  our  proceedings  to  his  owne  glory  and  the  good  of 
this  Plantation.  Prayer  being  ended,  to  the  intente  that  as 
we  had  begun  at  God  Almighty,  so  we  might  proceed  with 
awful  and  due  respecte  towards  the  Lieutenant,  our  most  gra- 
tious  and  dread  Soveraigne,  all  the  Burgesses  were  intreatted 
to  retyre  themselves  into  the  body  of  the  Churche,  which  being 
done,  before  they  were  fully  admitted,  they  were  called  in  order 
and  by  name,  and  so  every  man  (none  staggering  at  it)  tooke 
the  oathe  of  Supremacy,  and  then  entred  the  Assembly.  .  .  . 

These  obstacles  removed,  the  Speaker,  who  a  long  time  had 
bene  extreame  sickly  and  therefore  not  able  to  passe  through 
long  harrangues,  delivered  in  briefe  to  the  whole  assembly  the 
occasions  of  their  meeting.  Which  done,  he  read  unto  them 
the  commission  for  establishing  the  Counsell  of  Estate  and 
the  general  Assembly,  wherein  their  duties  were  described  to 
the  life. 

Having  thus  prepared  them,  he  read  over  unto  them  the 
greate  Charter,  or  commission  of  priviledges,  orders  and  lawes, 
sent  by  Sir  George  Yeardly  out  of  Englande.  Which  for  the 
more  ease  of  the  Committies,  having  divided  into  fower  books, 
he  read  the  former  two  the  same  forenoon,  for  expeditious  sake, 
a  second  time  over,  and  so  they  were  referred  to  the  persuall  of 
twoe  Comitties,  which  did  reciprocally  consider  of  either,  and 
accordingly  brought  in  their  opinions.  But  some  men  may 
here  objecte  to  what  ende  we  should  presume  to  referre  that 
to  the  examination  of  the  Comitties  which  the  Counsell  and 
Company  in  England  had  already  resolved  to  be  perfect,  and 
did  expecte  nothing  but  our  assente  thereunto  ?  To  this  we 
answere  that  we  did  it  not  to  the  ende  to  correcte  or  controll  any 
thing  therein  contained,  but  onely  in  case  we  should  finde  ought 
not  perfectly  squaring  with  the  state  of  this  Colony,  or  any  lawe 
which  did  presse  or  binde  too  harde,  that  we  might,  by  waye  of 
humble  petition,  seeke  to  have  it  redressed,  especially  because 
this  great  Charter  is  to  binde  us  and  our  heyers  for  ever.  .  .\ 


56      SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

After  dinner  the  Governor  and  those  that  were  not  of  the 
Comitties  sate  a  seconde  time,  while  the  said  Comitties  were 
employed  in  the  perusall  of  those  twoe  bookes.  And  whereas 
the  Speaker  had  propounded  fower  severall  objects  for  the 
Assembly  to  consider  on:  namely,  first,  the  great  charter  of 
orders,  lawes,  and  priviledges ;  Secondly,  which  of  the  instruc 
tions  given  by  the  Counsel  in  England  to  my  [Lord  De  La 
Warre],  Captain  Argall,  or  Sir  George  Yeardley,  might  conven 
iently  putt  011  the  habite  of  lawes ;  Thirdly,  what  lawes  might 
issue  out  of  the  private  conceipte  of  any  of  the  Burgesses, 
or  any  other  of  the  Colony ;  and  lastly,  what  petitions  were  fitt 
to  be  sente  home  for  England.  It  pleased  the  Governour  for 
expedition  sake  to  have  the  second  objecte  of  the  fower  to  be 
examined  and  prepared  by  himself e  and  the  Non-Comitties. 
Wherin  after  having  spente  some  three  howers  conference,  the 
twoe  Committies  brought  in  their  opinions  concerning  the  twoe 
former  bookes,  (the  second  of  which  beginneth  at  these  words 
^  of  the  Charter :  And  foreasmuche  as  our  intente  is  to  establish 
one  equall  and  uniforme  kinde  of  government  overall  Virginia 
etc.,)  which  the  whole  Assembly,  because  it  was  late,  deffered 
to  treatt  of  till  the  next  morning. 

SATTURDAY,  July  31.  —  The  nexte  daye,  therefore,  out  of 
the  opinions  of  the  said  Comitties,  it  was  agreed  these  Petitions 
ensuing  should  be  framed,  to  be  presented  to  the  Treasurer, 
Counsel  and  Company  in  England.  .  .  . 

These  petitions  thus  concluded  on,  those  twoe  Comitties 
broughte  me  a  reporte  what  they  had  observed  in  the  two  latter 
bookes,  which  was  nothing  else  but  that  the  perfection  of  them 
was  suche  as  that  they  could  finde  nothing  therein  subject  to 
exception.  .  .  . 

At  the  same  time,  there  remaining  no  farther  scruple  in  the 
mindes  of  the  Assembly,  touching  the  said  great  Charter  of 
lawes,  orders  and  priviledges,  the  Speaker  putt  the  same  to  the 
question,  and  so  it  had  both  the  general  assent  and  the  applause 
of  the  whole  assembly,  who,  as  they  professed  themselves  in 


FIRST   REPRESENTATIVE   ASSEMBLY  IN   AMERICA    57 

the  first  place  most  submissivily  thankfull  to  almighty  god, 
therefore  so  they  commaunded  the  Speaker  to  returne  (as  nowe 
he  doth)  their  due  and  humble  thankes  to  the  Treasurer, 
Counsell  and  company  for  so  many  priviledges  and  favours,  as 
well  in  their  owne  names  as  in  the  names  of  the  whole  Colony 
whom  they  represented. 

This  being  dispatched  we  fell  once  more  debating  of  suche 
instructions  given  by  the  Counsell  in  England  to  several 
Governors  as  might  be  converted  into  lawes,  the  last  whereof 
was  the  Establishment  of  the  price  of  Tobacco,  namely,  of  the 
best  at  3  d  and  the  second  at  18  d  the  pounde,  .  .  . 

SUNDAY,  Aug.  1.  —  Mr.  Shelley,  one  of  the  Burgesses,  de 
ceased. 

MUNDAY,  Aug.  2.  — .  .  .  ,  the  Committies  appointed  to 
consider  what  instructions  are  fitt  to  be  converted  into  lawes, 
brought  in  their  opinions,  and  first  of  some  of  the  general 
instructions. 

Here  begin  the  lawes  drawen  out  of  the  In 
structions  given  by  his  Majesties  Counsell 
of  Virginia  in  England  to  my  lo :  la 
warre  [Lord  Delaware]  Captain  Argall 
and  Sir  George 
Yeardley,  knight. 

By  this  present  Generall  Assembly  be  it  enacted,  that  no 
injury  or  oppression  be  wrought  by  the  Englishe  against  the 
Indians  whereby  the  present  peace  might  be  disturbed  and 
antient  quarrells  might  be  revived.  .  .  . 

Against  Idleness,  Gaming,  durunkenes,  and  excesse  in  ap- 
parell,  the  Assembly  hath  enacted  as  followeth : 

First,  in  detestation  of  Idlenes  be  it  enacted,  that  if  any 
men  be  founde  to  live  as  an  Idler  or  renagate,  though  a  f reed- 
man,  it  shalbe  lawfull  for  that  Incorporation  or  Plantation  to 
which  he  belongeth  to  appoint  him  a  Mr  [Master]  to  serve  for 
wages,  till  he  she  we  apparant  signes  of  amendment. 


58       SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

Against  gaming  at  dice  and  Gardes  be  it  ordained  by  this 
present  assembly  that  the  winner  or  winners  shall  lose  all  his 
or  their  winninges  and  both  winners  and  loosers  shall  forfaicte 
ten  shillings  a  man,  one  ten  shillings  whereof  to  go  to  the  dis 
coverer,  and  the  rest  to  charitable  and  pious  uses  in  the  In 
corporation  where  the  faulte  is  comitted. 

Against  drunkenness  be  it  also  decreed  that  if  any  private 
person  be  found  culpable  thereof,  for  the  first  time  he  is  to  be 
reprooved  privately  by  the  Minister,  the  second  time  publiquely, 
the  thirde  time  to  lye  in  boltes  12  howers  in  the  house  of  the 
Provost  Marshall  and  to  paye  his  fee,  and  if  he  still  continue 
in  that  vice,  to  undergo  suche  severe  punishment  as  the 
Governor  and  Counsell  of  Estate  shall  thinke  fitt  to  be  inflicted 
on  him.  [Provision  for  milder  penalty  for  drunken  officials.] 

Against  excesse  in  a^^parell,  that  every  man  be  cessed  in  the 
churche  for  all  publique  contributions,  if  he  be  unmarried 
according  to  his  owne  apparrell,  if  he  be  married  according  to 
his  owne  and  his  wives,  or  either  of  their  apparrell.  .  .  . 
~  Be  it  enacted  by  this  present  assembly  that  for  laying  a 
surer  foundation  of  the  conversion  of  the  Indians  to  Christian 
Religion,  eache  towne,  citty,  Borrough,  and  particular  planta 
tion  do  obtaine  unto  themselves  by  just  means  a  certaine 
number  of  the  natives'  children  to  be  educated  by  them  in  the 
true  religion  and  civile  course  of  life  —  of  which  children  the 
most  towardly  boyes  in  witt  and  graces  of  nature  to  be  brought 
up  by  them  in  the  first  elements  of  litterature,  so  to  be  fitted 
for  the  Coll  edge  intended  for  them,  that  from  thence  they  may 
be  sente  to  that  worke  of  conversion. 

As  touching  the  business  of  planting  come  this  present 
Assembly  doth  ordaine  that  yeare  by  yeare  all  and  every 
householder  and  householders  have  in  store  for  every  servant 
he  or  they  shall  keep,  and  also  for  his  or  their  owne  persons, 
whether  they  have  any  Servants  or  no,  one  spare  barrell  of 
corne,  to  be  delivered  out  yearly,  either  upon  sale  or  exchange 
as  need  shall  require.  For  the  neglecte  of  which  duty  he 
shalbe  subjecte  to  the  censure  of  the  Governor  and  Counsell  of 


FIRST  REPRESENTATIVE  ASSEMBLY  IN  AMERICA       59 

Estate.  Provided  alwayes  that  the  first  yeare  of  every  newe 
man  this  la  we  shall  not  be  of  force. 

Abont  the  Plantation  of  Mulberry  trees,  be  it  enacted  that 
every  man  as  he  is  seatted  upon  his  division,  doe  for  seven  years 
together  every  yeare  plante  and  maintaine  in  growte  six  Mul 
berry  trees  at  the  least,  and  as  many  more  as  he  shall  thinke  con- 
veniente  and  as  his  virtue  and  Industry  shall  move  him  to  plante, 
arid  that  all  suche  persons  as  shall  neglecte  the  yearly  planting 
and  maintaining  of  that  small  proportion  shalbe  subjecte.to  the 
censure  of  the  Governour  and  the  Counsell  of  Estate. 

Be  it  farther  enacted  as  concerning  Silke-flaxe,  that  those 
men  that  are  upon  their  division  or  setled  habitation  doe  this 
next  yeare  plante  and  dresse  100  plantes,  which  being  founde  a 
comedity,  may  farther  be  increased.  And  whosoever  do  faill 
in  the  performance  of  this  shalbe  subject  to  the  punishment 
of  the  Governour  and  Counsell  of  Estate. 

For  hempe  also  both  Englishe  and  Indian,  and  for  Englishe 
flax  and  Anniseeds,  we  do  require  and  enjoine  all  householders 
of  this  Colony  that  have  any  of  those  seeds  to  make  tryal 
thereof e  the  nexte  season. 

Moreover  be  it  enacted  by  this  present  Assembly,  that  every 
householder  do  yearly  plante  and  maintaine  ten  vines  untill 
they  have  attained  to  the  art  and  experience  of  dressing  a 
Vineyard  either  by  their  owne  industry  or  by  the  Instruction 
of  some  Vigneron  .  .  .  upon  what  penalty  soever  the  Gov 
ernor  and  Counsell  of  Estate  shall  thinke  fitt  to  impose  upon 
the  neglecters  of  this  acte. 

Be  it  also  enacted  that  all  necessary  tradesmen,  or  so  many 
as  need  shall  require,  suche  as  are  come  over  since  the  depar 
ture  of  Sir  Thomas  Dale,  or  that  shall  hereafter  come,  shall 
worke  at  their  trades  for  any  other  man,  each  one  being 
payde  according  to  the  quality  of  his  trade  and  worke,  to  be 
estimated,  if  he  shall  not  be  contented,  by  the  Governor  and 
officers  of  "the  place  where  he  worke th. 

Be  it  further  ordained  by  this  General  Assembly,  and  we 
doe  by  these  presents  enacte,  that  all  contractes  made  in  Eng- 


60      SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

land  between  the  owners  of  lande,  and  their  Tenants  and  Ser- 
vantes  which  they  shall  sende  hither,  may  be  caused  to  be 
duely  performed,  and  that  the  offenders  be  punished  as  the 
Governour  and  Counsell  of  Estate  shall  thinke  just  and  con 
venient. 

Be  it  established  also  by  this  present  Assembly  that  no 
crafty  or  advantagious  means  be  suffered  to  putt  in  practise 
for  the  inticing  awaye  the  Tenants  or  Servants  of  any  particu 
lar  plantation  from  the  place  where  they  are  seatted.  And 
that  it  shalbe  the  duty  of  the  Governor  and  Counsell  of  Estate 
most  severely  to  punishe  both  the  seducers  and  the  seduced, 
and  to  returne  these  latter  into  their  former  places.  .  .  . 

TUESDAY,  Aug.  3,  1619.—  .  .  .  Captaine  William  Powell 
presented  a  Petition  to  the  generall  Assembly  against  one 
Thomas  Garnett,  a  servant  of  his,  not  onely  for  extreame  neg 
lect  of  his  business  to  the  great  loss  and  prejudice  of  the  said 
Captaine,  and  for  t>penly  and  impudently  abusing  his  house, 
.  .  .  but  also  for  falsely  accusing  him  to  the  Governor  both  of 
Drunkenes  and  Thefte,  and  besides  for  bringing  all  his  fellow 
servants  to  testify  on  his  side,  wherein  they  justly  failled  him. 
It  was  thought  fitt  by  the  general  assembly  (the  Governour 
him  self  e  giving  sentence),  that  he  should  stand  fower  dayes 
with  his  eares  nayled  to  the  Pillory,  viz  :  Wednesday,  Aug  4th, 
and  so  likewise  Thursday,  fryday  and  Satturday  next  following, 
and  every  of  those  fower  dayes  should  be  publiquely  whipped. 
Now,  as  touching  the  neglecte  of  his  worke,  what  satisfaction 
ought  to  be  made  to  his  Mr.  for  that  is  referred  to  the  Governor 
and  Counsell  of  Estate. 

The  same  morning  the  lawes  abovewritten,  drawen  out  of  the 
instructions,  were  read,  and  one  by  one  thoroughly  examined, 
and  then  passed  once  again.  .  .  . 

WEDNESDAY  Aug.  4th.  —  This  daye  (by  reason  of  extream 
heat,  both  paste  and  likely  to  ensue,  and  by  that  meanes  of  the 
alteration  of  the  healthes  of  diverse  of  the  general  Assembly) 
the  Governour,  who  himselfe  also  was  not  well,  resolved  should 


FIRST  REPRESENTATIVE   ASSEMBLY  IN  AMERICA     61 

be  the  last  of  this  first  session;  so  in  the  morning  the 
Speaker  (as  he  was  required  by  the  Assembly)  redd  over  all 
the  lawes  and  orders  that  had  formerly  passed  the  house,  to 
give  the  same  yett  one  reviewe  more,  and  to  see  whether  there 
were  any  thing  to  be  amended  or  that  might  be  excepted  again  ste. 
This  being  done,  the  third  sorte  of  lawes  which  I  am  nowe  coming 
to  sett  downe,  were  read  over  [and]  thoroughly  discussed,  which 
together  with  the  former,  did  now  passe  the  last  and  finall  con- 
sente  of  the  General  Assembly. 

A  third  sorte  of  lawes,  suche  as  may  issue  out  of 
every  man's  private  conceipte. 

.  .  .  All  Ministers  in  the  Colony  shall  once  a  year,  namely, 
in  the  moneth  of  March e,  bring  to  the  Secretary  of  Estate  a 
true  account  of  all  Christenings,  burials  and  marriages,  upon 
paine,  if  they  faill,  to  be  censured  for  their  negligence  by  the 
Governor  and  Counsell.  .  .  . 

No  man,  without  leave  of  the  Governor,  shall  kill  any  Neatt 
Cattle  whatsoever,  young  or  olde,  especially  kine  .  .  .  upon 
penalty  of  forfeiting  the  value  of  the  beast  so  killed. 

Whosoever  shall  take  any  of  his  neighbors'  boates,  oares,  or 
canvas,  without  leave  from  the  owner,  shall  be  held  and  es 
teemed  as  a  felon,  and  so  proceeded  against.1  ' 

All  ministers  shall  duly  read  divine  service,  and  exercise 
their  ministerial  function  according  to  the  Ecclesiastical  lawes 
and  orders  of  the  churche  of  Englande,  and  every  Sunday  in 
the  afternoon  shall  Catechize  suche  as  are  not  yet  ripe  to  come 
to  the  Com.  And  whosoever  of  them  shalbe  found  negligent 
or  faulty  in  this  kinde  shalbe  subject  to  the  censure  of  the 
Governor  and  Counsell  of  Estate.  .  .  . 

For  reformation  of  swearing,  every  freeman  and  Master  of  a 
family,  after  thrice  admonition  [by  church  wardens],  shall  give 
5  s  ...  to  the  use  of  the  church  .  .  .  and  every  servant  .  .  . 
except  his  Mr  discharge  the  fine,  shalbe  subject  to  whipping. 

1  Water  was  the  only  means  of  travel  and  trade.  To  steal  a  boat  was 
equivalent  to  horse-stealing  in  a  cow-boy  country  today.  "Felony"  was 
punishable  by  death. 


62       SELF-GOVERNMENT  IN  VIRGINIA,  1619-1624 

Provided  that,  the  payment  of  the  tine  notwithstanding,  the 
said  servant  shall  acknowledge  his  faulte  publiquely  in  the 
Churche. 

All  persons  whatsoever  upon  the  Sabaoth  daye  shall  f  requente 
divine  service  and  sermons  both  forenoon  and  afternoon,  and 
all  suclie  as  beare  arms  shall  bring  their  pieces,  swordes,  poulder 
and  shotte.  And  every  one  that  shall  trarigresse  this  lawe  shall 
forfaicte  three  shillinges  a  time  to  the  use  of  the  churche,  all 
lawful  and  necessary  impediments  excepted.  But  if  a  servant 
in  this  case  shall  wilfully  neglecte  his  Mr's  commande  he  shall 
suffer  bodily  punishmente. 

No  maide  or  woman  servant,  either  now  resident  in  the  Col- 
onie  or  hereafter  to  come,  shall  contract  herselfe  in  marriage 
without  either  the  consente  of  her  parents,  or  of  her  Master  or 
Mistress,  or  of  the  magistrat  and  minister  of  the  place  both 
together.  And  whatsoever  minister  shall  marry  or  contracte 
any  suche  persons  without  some  of  the  foresaid  consentes  shalbe 
subjecte  to  the  severe  censure  of  the  Governor  and  Counsell  of 
Estate'. 

Here  ende  the  lawes. 

'.  .  .  Captain  Henry  Spellman  was  called  to  the  barre 
to  answere  to  certaine  misdemeanors  .  .  .  whereupon  the 
General  Assembly,  having  thoroughly  heard  and  considered 
his  speeches  [evidence  had  been  taken  and  defense  put  in], 
did  constitute  the  following  order  [For  exposing  the  colony  to 
disturbance  from  the  Indians  by  inciting  them  to  disrespect 
of  the  government,  Spellman  was  "degraded  of  his  title  of 
Captaine"  and  "condemned  to  performe  seven  yeares  service  to 
the  Colony  "  as  an  interpreter  to  the  governor.] 
,  [Provision  that  every  male  in  the  colony  over  16  years  of 
age  shall  be  taxed  "  one  pound  of  the  best  tobacco  "  for  pay  to 
the  officers  of  the  Assembly.] 

#=*######### 
Thirdly,  the  General  Assembly  doth  humbly  beseech  the 
.  .  .  Treasurer,  Counsell  and  Company  that,  albeit  it  belongeth 


THE   LONDON  COMPANY'S   "DECLARATION"       63 

to  them  onely  to  allowe  or  to  abrogate  any  lawes  which  we  shall 
here  make  .  .  .  yet  that  it  would  please  them  not  to  take  it  in. 
ill  parte  if  these  lawes  ...  do  passe  currant  and  be  of  force  till 
suche  time  as  we  may  knowe  their  farther  pleasure.  .  .  . 

Their  last  humble  suite  is  that  the  said  Counsell  and  Company 
would  be  pleased,  so  soon  as  they  shall  find  it  convenient,  to 
make  good  their  promise  sett  downe  at  the  conclusion  of  their 
commission  for  establishing  the  Counsel  of  Estate  and  the  General 
Assembly,  namely  that  they  give  us  power  to  allowe  or  to  disallowe 
of  their  orders  of  Courts,  as  his  Majesty  hath  given  them  power 
to  allowe  or  reject  our  laices. 

In  sume,  Sir  George  Yeardley,  the  Governor,  prorogued  the 
said  general  Assembly  till  the  firste  of  Marche,  which  is  to 
fall  out  this  present  yeare  of  1619  [1620.  New  Style ;  cf.  note, 
page  44],  and  in  the  mean  season  dissolved  the  same. 

26.   The  London  Company's  "Declaration,11  June,  1620 

Peter  Force's  Historical  Tracts  (Washington,  1844),  III,  No.  5. 

Sandys  resigned  "his  "  Treasurership "  at  the  Court  of  the  Company 
in  May,  1620.  The  statistics  of  his  report,  with  an  enthusiastic  general 
statement  to  introduce  them,  were  published  soon  afterward  by  the 
Company  as  "  A  Declaration  of  the  State  of  the  Colonie  and  Affaires  in 
Virginia."  Sandys'  report  is  now  printed  in  full  in  the  Records  of  the 
Company,  edited  by  Susan  Kingsbury  (Washington,  1906). 

After  the  many  disasters  wherewith  it  pleased  Almighty 
God  to  suffer  the  great  Enemy  of  all  good  Actions  to  en 
counter  and  interrupt  this  noble  Action  for  the  planting  of 
Virginia  with  the  Christian  Keligion  and  English  people, 
it  having  pleased  him  now,  contrarily,  of  his  especiall  great 
grace,  so  to  blesse  and  prosper  our  late  carefull  endeavors  .  .  . 
that  [the  colony]  hath  as  it  were  growne  to  double  that  height, 
strength,  plenty,  and  prosperity  which  it  had  in  former 
times.  .  .  .  We  have  thought  it  now  the  peculiar  duety  of 
our  place  ...  to  Summon,  as  it  were,  by  a  kinde  of  loving 
invitement,  the  whole  body  of  the  Noble  and  other  worthy 
Adventurers,  as  well  to  the  ...  perfecting  of  this  happy 


64      SELF-GOVERNMENT   IN   VIRGINIA,  1619-1624 

worke  as  to  the  reaping  of  the  fruit  of  their  great  expenses 
and  travailes. 

,.  .  .  .  [And  first,  to  remove  the  effect  of  slanders  upon  Virginia, 
'the  Company  declares]  the  Countrey  is  rich,  spacious,  and  well 
watered ;  temperate  as  for  the  Climate ;  very  healthfull  after 
men  are  a  little  accustomed  to  it;  abounding  with  all  Gods 
naturall  blessings :  The  Land  replenished  with  the  goodliest 
Woods  in  the  world,  and  those  full  of  Deere,  and  other  Beasts 
of  sustenance :  The  Seas  and  Rivers  (whereof  many  are  ex 
ceeding  faire  and  navigable)  full  of  excellent  Fish,  and  of 
all  sorts  desireable ;  both  Water  and  Land  yeelding  Fowle  in 
very  great  store  and  variety :  In  Summe,  a  Countrey  too  good 
for  ill  people ;  and  wee  hope  reserved  by  the  providence  of  God 
for  such  as  shall  apply  themselves  faithfully  to  his  service 
and  be  a  strength  and  honour  to  our  King  and  Nation.  .  .  . 

The  rich  Furres,  Caviary,  and  Cordage,  which  we  draw 
from  Russia  with  so  great  difficulty,  are  to  be  had  in  Virginia, 
and  the  parts  adjoining,  with  ease  and  plenty.  The  Masts, 
Planckes,  and  Boords,  the  Pitch  and  Tarre,  the  Pot-ashes  and 
Sope-ashes,  the  Hempe  and  Flax  (being  the  materials  of 
Linnen)  which  now  we  fetch  from  Norway,  Denmarke,  Poland, 
and  Germany,  are  there  to  be  had  in  abundance  and  great 
perfection.  The  Iron,  which  hath  so  wasted  our  English 
Woods,1  that  it  selfe  in  short  time  must  decay  together  with 
them,  is  to  be  had  in  Virginia  (where  wasting  of  Woods  is  a 
benefit)  for  all  good  conditions  answerable  to  the  best  in  the 
world.  The  Wines,  Fruite,  and  Salt  of  France  and  Spaine, 
The  Silkes  of  Persia  and  Italie,  will  be  found  also  in  Virginia, 
and  in  no  kinde  of  worth  inferior.  Wee  omit  here  a  multitude 
of  other  naturall  Commodities,  dispersed  up  and  downe  the 
divers  parts  of  the  world :  of  Woods,  Rootes,  and  Berries,  for 
excellent  Dyes  :  Of  Plants  and  other  Drugges,  for  Physicall 
service  :  Of  sweet  Woods,  Oyles,  and  Gumines,  for  pleasure 
and  other  use :  Of  Cotton-wooll,  and  Sugar-Canes  :  all  which 

1  Wood  was  the  fuel  then  used  to  smelt  iron  ore. 


THE   LONDON   COMPANY'S   "DECLARATION"       65 

may  there  also  be  had  in  abundance,  with  an  infinity  of  other 
more :  And  will  conclude  with  these  three,  Corne,  Cattle,  and 
Fish,  which  are  the  substance  of  the  foode  of  man.  The 
Graines  of  our  Countrey  doe  prosper  there  very  well :  Of 
Wheate  they  have  great  plenty :  But  their  Maze,  being  the 
naturall  Graine  of  that  Countrey,  doth  farre  exceede  in  pleas- 
antnesse,  strength,  and  fertility.  The  Cattle  which  we  have 
transported  thither  (being  now  growne  neere  to  five  hundred) 
become  much  bigger  of  Body  then  the  breed  from  which  they 
came :  The  Horses  also  more  beautifull,  and  fuller  of  courage. 
And  such  is  the  extraordinary  fertility  of  that  Soyle,  that  the 
Does  of  their  Deere  yeelde  two  Fawnes  at  a  birth,  and  some 
times  three.  The  Fishings  at  Cape  Codd,  being  within  those 
Limits,  will  in  plenty  of  Fish  be  equall  to  those  of  Newfound 
Land,  and  in  goodnesse  and  greatnesse  much  superiour.  To 
conclude,  it  is  a  Countrey,  which  nothing  but  ignorance  can 
thinke  ill  of,  and  which  no  man  but  of  a  corrupt  minde  and 
ill  purpose  can  defame.  ^ 

Now  touching  the  present  estate  of  our  Colony  in  that  Coun 
try,  Wee  have  thought  it  not  unfit  thus  much  briefly  to  de 
clare.  There  have  beene  sent  thither  this  last  yeare,  and  are 
now  presently  in  going,  twelve  hundred  persons  and  upward, 
as  particularly  appeareth  in  the  note  above  [below]  specified  :  , 
and  there  are  neere  one  thousand  more  remaining  of  those'U-y 
that  were  gone  before.  TJie  men  lately  sent,  have  beene  most 
of  them  choise  men,  borne  and  bred  up  to  labour  and  industry. 
Out  of  Devonshire,  about  an  hundred  men,  brought  up  to  Hus 
bandry,  Out  of  Warwickshire  and  Staffordshire,  above  one  hun 
dred  and  ten;  and  out  of  Sussex  about  forty;  all  framed  to 
Iron-ivorkes :  the  rest  dispersedly  oat  of  divers  Shires  of  the 
Realme.  There  have  been  also  sundry  2^rsons  of  good  quality, 
much  commended  for  sufficiency,  industry  and  honesty,  provided 
and  sent  to  take  charge  and  government  of  those  people.  The 
care  likewise  that  hath  beene  taken  by  directions,  Instructions, 
Charters,  and  Commissions  to  reduce  the  people  and  affaires 
in  Virginia  into  a  regular  course,  hath  beene  such  and  so 


66      SELF-GOVERNMENT   IN   VIRGINIA,  1619-1624 

great  that  the  Colony  beginneth  now  to  have  the  face  and 
fashion  of  an  orderly  State,  and  such  as  is  likely  to  grow  and 
prosper.  The  people  are  all  divided  into  severall  Burroughs  ; 
each  man  having  the  shares  of  Land  due  to  him  set  out,  to 
hold  and  enjoy  to  him  and  his  Heires.  The  publique  Lands 
for  the  Company  here,  for  the  Governor  there,  for  the  College, 
and  for  each  particular  Bui-rough,  for  the  Ministers  also,  and 
for  divers  other  necessary  Officers,  are  likewise  laid  out  by 
order,  and  bounded.  The  particular  Plantations  for  divers 
private  Societies,  are  settled  in  their  Seates,  being  allotted 
to  their  content,  and  each  in  convenient  distance.  TJie  rigour 
of  Mart  tail  Law,  wherewith  before  they  ivere  governed,  is  reduced 
ivithin  the  limits  prescribed  by  his  Majesty :  and  the  laudable 
forme  of  Justice  and  government  used  in  this  Realme  [_is~\  es 
tablished  and  followed  as  neere  as  may  be.  TJie  governour  is 
so  restrained  to  a  Counseil  joyned  with  Mm  that  hee  can  doe  no 
wrong  to  no  man  tvho  may  not  have  speedy  remedy.  .  .  . 

In  summe,  they  [the  colonists]  are  now  so  full  of  alacritie  and 
cheerefulriesse,  that,  in  a  late  generall  Assembly,  they  have,  in 
the  name  of  the  Colony,  presented  their  greatest  possible 
thankes  to  the  Company.  .  .  . 

[After  enumerating  recent  grants] 

These  and  other  like  Planters,  having  priority  of  time,  will 
have  priority  also  in  choise  of  the  Seat  of  their  Plantations. 
Seeing  therefore  the  onely  matter  of  retribution  to  the  Adven 
turers,  is  by  a  faire  proportion  of  Land  to  them  and  their  heires ; 
namely  of  one  hundred  acres  for  every  share  of  twelve  pounds 
and  ten  shillings,  upon  a  first  division  ;  and  as  much  more  upon 
a  second,  the  first  being  peopled  ;  with  fiftie  acres  for  every  per 
son  (to  be  doubled  in  like  manner)  which  at  their  owne  charges 
they  shall  transport  to  inhabit  in  Virginia  before  the  24th  day 
of  June  1625  [therefore,  quite  after  the  fashion  of  modern  land 
companies,  intending  "  adventurers "  are  urged  to  invest 
promptly,  before  the  choice  land  is  all  taken]. 


THE   LONDON  COMPANY'S  "DECLARATION"      67 

NOTE  OF  THE  SHIPPING,  MEN,  AND  PROVISIONS  SENT  TO 
VIRGINIA,  BY  THE  TREASURER  AND  COMPANY  in  the  yeere,  1619. 

a.  Ships. 

The  Bona  Nova  of  200.  Tun  sent  in  August  1619.  with  120  persons. 

The  Duty,  of  70.  Tunne,  sent  in  January  1619.  with  51.  persons. 

The  Jonathan,  of  350.  Tun,  sent  in  February,  1619.  with  200.  persons. 

The  Triall,  of  200. Tun,  sent  in  February,  1619.  with  40.  persons, 
and  60.  Kine. 

The  Faulcon,  of  150.  Tun,  sent  in  February,  1619.  with  36.  persons, 
and  52.  Kine,  and  4.  Mares. 

The  London  Merchant,  of  300.  Tun,  sent  in  March,  1619.  with  200.  persons. 

The  Swan  of  BarnstaUe,  of  100.  Tun,  in  March,  1619.  with  71.  persons. 

The  Bonaventure,  of  240.  Tun,  sent  in  Aprill,  1620.  with  153.  persons. 

Besides  these,  sent  out  by  the  Treasurer  and  Company,  ther  have  been 
sennt  outt  by  particularr  adventurers  for  private  Plantations. 

The  Garland,  of  25.  Tunne,  sent  in  June,  1619,  for  Mr.  John  Ferrars 
Plantation,  with  45.  persons.  Who  are  yet  deteyned  in  the  Summer 
Islands. 

A  Ship  of  Bristoll,  of  80.  Tunne,  sent  in  Septemb.  1619.  for  Mr.  Bar- 
kleys  Plantation,  with  45.  persons. 

Ther  are  allso  two  Ships  in  providinge  to  be  shortlie  gone,  for  about 
300  Personnes  more,  to  be  sent  by  priyvate  Adventurers  to  Virginia. 

Summe 

Summe  of  the  Persons 1261 

Whereof  in  eight  Ships  sett  out  by  the 

Treasurer  and  Company 871 

[The  other  390  came  in  other  vessels,  not  sent  by  the  Company.] 

Of  these  [871],  there  were  sent  for  Publique  and  other  Pious  uses  these 
ensuinge. 

Tenants  for  the  governors  Land 080 

Tenants  for  the  Companies  Land 130 

Tenants  for  the  Colledge  Land 130 

Tenants  for  the  Mynisters  gleab  Land 050 

Young  Maydens  to  make  wives 090 

Boyes  to  make  Apprentises 100 

Servants  for  the  Publique 050 

Men  sent  to  beare  up  the  Charge  of  bringinge 

upp  thirty  of  the  Infidles  Children  in 

true  religion  and  Civilitie 050 

Summe  of  the  Persons  for  Publique  use  is 650  [680] 


68      SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

t~  b.  Commodities. 

The  Commodities  ivhich  these  people  are  dyrected  principally  to 
apply  (next  to  their  owne  necessary  mayntenance)  are  these  ensuinge. 

Iron,  for  which  are  sent  150  persons  to  sett  upp  three  Iron 
works ;  proofe  havinge  beene  made  of  the  extraordinary  good- 
nes  of  that  Ironn. 

Cordage  .... 

Pitch  and  Tarr,  Pott  Ashes,  and  Sope  Ashes,  —  for  the 
raakinge  whereof  the  Polackers  are  returned  to  their  workes. 

TIMBER  of  all  sorts,  with  Masts,  Plankes  and  Boordes  for 
provision  'of  Shippinge,  etc. ;  ther  beinge  not  so  good  Timber 
for  all  uses  in  any  one  knowne  Countrey  whatsoever.  And 
for  the  ease  and  encrease  of  divers  of  these  workes,  provision 
is  sent  of  men  and  materiales  for  the  settinge  upp  of  Sundry 
Sawinge  Mills. 

SILKE  :  for  which  that  Country  is  exceedinge  proper,  haveing 
innumerable  store  of  Mulberie  Trees  of  the  best,  and  some 
Silke-wormes  naturally  found  upon  them  [caterpillars  ?]  pro 
ducing  excellent  Silke  :  some  whereof  is  to  be  scene.  For  the 
setting  up  of  which  Commoditie,  his  Majesty  hath  beene 
gratiouslie  pleased  now  the  second  time  (the  former  haveing 
miscarried)  to  bestowe  uppon  the  Company  plenty  of  Silke- 
wormes  seed  of  his  owne  store,  being  the  best. 

VINES  :  whereof  the  Countrey  yeeldeth  naturally  greate 
store,  and  of  sundry  sorts :  which  by  Culture  wilbe  brought 
to  excellent  perfection.  For  the  effectinge  whereof,  divers 
skillful  Viqnerons  are  sent,  with  store  allso  from  hence  of  Vine 
plantes  of  the  best  sort. 

SALT  :  which  workes  haveinge  been  lately  suffered  to  decay, 
are  now  ordered  to  be  sett  upp  in  so  great  plenty,  as  not  onely 
to  serve  the  Collony  for  the  present ;  but  as  is  hoped  in  short 
time  allso  the  great  Fishinge  on  those  Coastes. 

For  the  followinge,  workinge,  and  perfectinge  of  these 
Commodities,  all  provisions  necessary  for  the  present  are  sent 
in  good  aboundance.  As  likewise  the  people  that  goe,  are 


THE  LONDON  COMPANY'S  "DECLARATION"       69 

plentifully  furnished  with  Apparell,  Beddinge,  Victuall  for 
sixe  moneths  :  Implements  both  for  House  and  labour,  Armour, 
weapons,  tooles,  and  sundry  other  necessaries.  And  a  supply 
of  Armour,  Powder,  and  many  necessary  provisions  is  made 
for  those  of  the  Colonie  which  were  there  before  ;  yet  without 
any  prejudice  to  the  former  Magazine. 

c.  Gifts-1 

Tliere  have  beene  given  to  the  Collonie  this  yeere,  by  Devoute 
Persons,  these  guifts  ensuinge. 

Two  Persons,  unknowne,  have  given  faire  Plate  and  other 
rich  Ornaments  for  two  Communion  Tables ;  whereof  one  for 
the  Colledge,  and  the  other  for  the  Church  of  Mistress  Mary 
Robinson's  foundinge  :  who  in  the  former  yeere  by  her  Will 
gave  200.  pounds  towards  the  foundinge  of  a  Church  in  Virginia. 

Another  unknowne  person2  (together  with  a  goodly  letter) 
hath  lately  sent  to  the  Treasurer  550.  pounds  in  gold,  for  the 
bringing  up  of  Children  of  the  Infidels:  first  in  the  Knowledge 
of  God  and  true  Religion ;  and  next,  in  fitt  Trades  whereby 
honestly  to  live. 

Master  Nicolas  Ferrar  deceased,  hath  by  his  Will  given  300. 
pounds  to  the  College  in  Virginia,  to  be  paid,  when  there 
shall  be  ten  of  the  Infidels  children  placed  in  it.  And  in  the 
meane  time  foure  and  twenty  pounds  by  yeere,  to  be  distrib 
uted  unto  three  discreet  and  Godlie  men  in  the  Colony,  which 
shall  honestly  bring  up  three  of  the  Infidels  children  in  Chris 
tian  Religion,  and  some  good  course  to  live  by. 

An  unnamed  person  sent  to  the  Treasurer  the  summe  of  ten 
pounds,  for  advancing  the  Plantation.3 

1  This  part  of  the  appendix  to  the  Declaration  is  taken  from  Sir  Edwin 
Sandys'  report  in  May,  and  his  wording  is  followed  here  (Records,  I,  353,  354). 
It  is  plain  that  such  gifts  were  made  because  the  Company  had  the  char 
acter  of  a  foreign  missionary  society. 

2  This  person  in  his  letter  to  the  Company  signs  himself  "  Dust  and  Ashes," 
and,  in  a  later  communication,  "  D.&  A." 

8  The  entry  in  the  Records  of  the  Company  (I,  335)  speaks  of  this  gift  "  for 
some  good  uses  in  Virginia." 

In  1622,  "  a  person  not  willinge  as  yet  to  be  knowne  "  sent  £  25  "  to  helpe 


70       SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

27.   The  Ordinance  of  1621  for  Virginia 

Stith's  History  of  Virginia,  App.  IV ;  Hening's  Statutes,  I,  110  ff . 

The  Records  of  the  Virginia  Assembly  of  1619  (see  No.  25  above)  show 
that  the  London  Company  had  given  to  the  settlers  a  "  great  charter."  No 
copy  of  it  exists  ;  but  apparently  its  political  features  were  repeated  in 
this  document,  issued  by  the  Company  July  24/Aug.  3,  1621,  on  the  ap 
pointment  of  a  new  governor.  This  great  Ordinance  has  sometimes  been 
called,  mistakenly,  The  First  Charter  to  the  Virginian  Colonists.  It  is 
the  second  such  charter.  Cf .  American  History  and  Government,  §  30. 

An  Ordinance  and  Constitution  of  the  Treasurer,  Council,  and 
Company  in  England,  for  a  Council  of  State  and  General  As 
sembly. 

I.  —  To  all  People,  to  whom  these  Presents  shall  come,  be 
seen,  or  heard,  The  Treasurer,  Council,  and  Company  of  Ad 
venturers  and  Planters  for  the  city  of  London  for  the  first 
Colony  of  Virginia  send  Greeting.  KNOW  YE,  that  we,  the 
said  Treasurer,  Council,  and  Company,  taking  into  our  Con 
sideration  the  present  State  of  the  said  Colony  of  Virginia,  and 
intending,  by  the  Divine  Assistance,  to  settle  such  a  Form  of 
Government  there,  as  may  be  to  the  greatest  Benefit  and  Com 
fort  of  the  People,  and  whereby  all  Injustice,  Grievances,  and 
Oppression  may  be  prevented  and  kept  off  as  much  as  possible 
from  the  said  Colony,  have  thought  fit  to  make  our  Entrance, 
by  ordering  and  establishing  such  Supreme  Councils  as  may 
not  only  be  assisting  to  the  Governor  for  the  time  being,  in  the 
Administration  of  Justice,  and  the  Executing  of  other  Duties 
to  this  Office  belonging,  but  also,  by  their  vigilant  Care  arid 
and  Prudence,  may  provide  as  well  for  a  Remedy  of  all  In 
conveniences,  growing  from  time  to  time,  as  also  for  the  ad 
vancing  of  Increase,  Strength,  Stability,  and  Prosperity  of  the 
said  Colony : 

forward  the  '  East  India  '  Schoole."  I  count  up  twelve  entries  of  such  gifts  in 
three  years'  Records.  In  1623  the  Company  reported  that  in  the  past  four  years 
there  had  been  contributed  "  towards  the  forwardinge  of  this  glorious  Worke, 
.  .  .  presents  to  the  value  of  fifteen  hundred  pounds,  by  zealous  and  devoute 
Persons,  most  of  them  refusing  to  be  named." 


THE  ORDINANCE   OF   1621   FOR  VIRGINIA  71 

II.  — WE  therefore,  the  said  Treasurer,  Council,  and  Com 
pany,  by  Authority  directed  to  us  from  his  Majesty  under  the 
Great  Seal  [section  xiii  of  the  Second  Charter;  p.  40  above], 
upon  Mature  Deliberation,  do  hereby  order  and  declare,  that, 
from  hence  forward,  there  shall  be  Two  SUPREME  COUNCILS  in 
Virginia,  for  the  better  Government  of  the  said  Colony  aforesaid. 

III.  —  THE  one  of  which  Councils,  to  be  called  THE  COUNCIL 
OF  STATE  (and  whose  Office  shall  chiefly  be  assisting,  with  their 
Care,  Advice,  and  Circumspection,  to  the  said  Governor)  shall 
be  chosen,  nominated,  placed,  and  displaced,  from  time  to  time, 
by  Us,  the  said  Treasurer,  Council,  and  Company,  and  our  Suc 
cessors  :   Which  Council  of  State  shall  consist,  for  the  present, 
only  of  these  persons,  as  are  here  inserted,  viz.    Sir  Francis 
Wyat,  Governor  of  Virginia,  Captain  Francis  West,  Sir  George 
Yeardley,  Knight,  Sir  William  Neuce,  Knight  Marshal  of   Vir 
ginia,  Mr.  George  Sandys,  Treasurer,  Mr.  George  Thorpe,  Dep 
uty  of  the  College,  Captain   Tlwmas  Neuce,   Deputy   for   the 
Company,   Mr.  Pawlet,   Mr.  Leech,  Captain  Nathaniel   Powel, 
Mr.  Christopher  Davison,  Secretary,  Dr.  Pots,  Physician  to  the 
Company,    Mr.    Roger    Smith,    Mr.  John   Berkeley,    Mr.  John 
Rolfe,  Mr.  Ralph  Hamer,  Mr.  John  Pountis,  Mr.  Michael  Lap- 
worth,  Mr.  Harwood,  Mr.  Samuel  Macock.     Which  said  Counsel 
lors  and  Council  we  earnestly  pray  and  desire,  and  in  his  Maj 
esty's  Name  strictly  charge  and  command,  that  (all  Factions,  Par 
tialities,  and  sinister  Respect  laid  aside)  they  bend  their  Care  and 
Endeavours  to  assist  the  said  Governor ;  first  and  principally,  in 
the  Advancement  of  the  Honour  and  Service  of  God,  and  the 
Enlargement  of  his  Kingdom  amongst  the  Heathen  People ; 
and  next,  in  erecting  of  the  said  Colony  in  due  Obedience  to 
his  Majesty,  and  all  lawful  Authority  from  his  Majesty's  Di 
rections  ;  and  lastly,  in  maintaining  the  said  People  in  Justice 
and  Christian  Conversation  amongst  them  selves,  and  in  Strength 
and  Ability  to  withstand  their  Enemies.     And  this  Council  to 
be  always,  or  for  the  most  Part,  residing  about  or  near  the 
Governor. 

IV.  —  THE  other  Council,  more  generally  to  be  called  by  the 


72       SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

Governor  once  Yearly,  and  no  oftener  but  for  very  extraordi 
nary  and  important  Occasions,  shall  consist,  for  the  present,  of 
the  said  Council  of  State,  and  of  two  Burgesses  out  of  every 
Town,  Hundred,  or  other  particular  Plantation,  to  be  respec 
tively  chosen  by  the  Inhabitants  :  Which  Council  shall  be  called 
THE  GENERAL  ASSEMBLY,  wherein  (as  also  in  the  said  Council 
of  State)  all  Matters  shall  be  decided,  determined,  and  ordered, 
by  the  greater  Part  of  the  Voices  then  present ;  reserving  to 
the  Governor  always  a  Negative  Voice.  And  this  General  As 
sembly  shall  have  free  Power  to  treat,  consult,  and  conclude, 
as  well  of  all  emergent  Occasions  concerning  the  Publick  Weal 
of  the  said  Colony  and  every  Part  thereof,  as  also  to  make,  or 
dain,  and  enact  such  general  Laws  and  Orders  for  the  Behoof 
of  the  said  Colony,  and  the  good  Government  thereof,  as  shall, 
from  time  to  time,  appear  necessary  or  requisite ; 

V.  —  WHEREAS  in  all  other  Things,  we  require  the  said  Gen 
eral  Assembly,  as  also  the  said  Council  of  State,  to  imitate  and 
follow  the  Policy  of  the  Form  of  Government,  Laws,  Customs, 
and  Manner  of  Trial,  and  other  Administration  of  Justice,  used 
in  the  Realm  of  England,  as  near  as  may  be,  even  as  ourselves, 
by  his  Majesty's  Letters  Patent  are  required. 

VI. — PROVIDED,  that  no  Law  or  Ordinance,  made  in  the 
said  General  Assembly,  shall  be  or  continue  in  Force  or  Va 
lidity,  unless  the  same  shall  be  solemnly  ratified  and  confirmed 
in  a  General  Quarter  Court  of  the  said  Company  here  in  Eng 
land,  and  so  ratified,  be  returned  to  them  under  our  Seal ;  It 
being  our  Intent  to  afford  the  like  Measure  also  unto  the  said 
Colony,  that  after  the  Government  of  the  said  Colony  shall 
once  have  been  well  framed,  and  settled  accordingly,  which  is 
to  be  done  by  Us,  as  by  Authority  derived  from  his  Majesty, 
and  the  same  shall  have  been  so  by  us  declared,  no  Orders  of 
Court  afterwards  shall  bind  the  said  Colony,  unless  they  be 
ratified  in  like  Manner  in  the  General  Assemblies  l  . 


1  Such  a  promise  in  the  preceding  "great  charter "  is  plainly  referred  to  in 
the  "last  humble  suite  "  of  the  Assembly  of  1619  ;  see  p.  63  above. 


ROYAL  ATTEMPTS  TO  CONTROL  THE  COMPANY   73 

28.   Royal  Attempts  to  Control  the  Company,  1620-1622 

Eecords  of  the  Virginia  Company,  I  and  II,  under  dates  given.  These 
Records  were  first  published  in  full  in  1908  by  the  Government  Printing 
Office  at  Washington.  For  a  brief  outline  of  the  history,  with  refer 
ences  to  some  other  source  material,  cf .  American  History  and  Govern 
ment,  §  32. 

(1)  A  Quarter  Courte  held  for  Virginia  at  Mr  Ferrars  in  St 
Sithes  Lane  the  17th  of  May  1620. 

Present — [The  list  includes  172  names  with  the  addenda  "  and  many 
others."  The  first  eight  named  were  Lords  ;  the  next  thirty,  knights.] 

Uppon  request  of  some  of  the  generallytie  itt  was  ordered 
that  frome  hence  forth  before  the  Company  proceed  to  the 
choyce  of  their  Officers  the  Chapter  or  title  of  election  [i.e., 
the  company's  rules  regarding  elections]  shall  allwaies  be  red 
before. 

*  *  *  #  #  *  * 

Imeadiately  after,  and  before  they  proceeded  in  any  buisines, 
one  mr  Kerkham  agent,  sent  from  the  King,  presented  himselfe 
to  the  boord  and  signified  to  the  Courte  that  his  Majestic, 
understandinge  of  the  Eleccion  of  their  Treasurer,  which 
they  intended  this  day  to  make  choyce  of,  out  of  an  especiall 
care  and  respect  hee  hath  to  that  Plantacion,  hath  required 
him  to  nominate  unto  them  ffower,  outt  of  which  his  pleasure 
is  the  Company  should  make  choyce  of  one  to  be  their  Treas 
urer;  That  was,  Sir  Thomas  Smith,  Sir  Thomas  Roe,  Mr. 
Alderman  Johnson,  and  Mr.  Maurice  Abbott,  and  noe  other. 
******* 

These  buisines  beinge  thus  ordered  mr  Treasurer  accord- 
inge  to  the  standing  Lawes  of  the  Company  before  the  give- 
inge  upp  of  his  place  proceeded  to  declare  unto  this  Courte 
the  State  of  the  Colony  together  with  the  Supplies  of  this 
yeare,  and  the  present  State  of  the  Treasury,  how  both  hee 
found  itt  and  now  should  leave  itt.  [See  No.  26  above.] 

Lastly  hee  concluded  with  his  respective  thanks,  first  to  the 
Company  in  generall  for  their  love  in  chosinge  him,  and  then 


74      SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

particularly  to  the  Lords  for  their  so  frequent  presence  to 
the  graceinge  of  the  Courte  and  great  assistance  in  the  buisi- 
nes;  to  the  Officers  for  their  faythfull  joyninge  with  him 
in  the  supportinge  of  his  burthen ;  and  againe  to  the  Courte 
in  generall  for  their  patience  in  bearringe  with  his  unwillinge 
errors  and  other  naturall  infirmities.  So  deliveringe  upp 
his  Office  togeather  with  the  Sealls,  hee  desyred  the  Courte 
to  proceed  in  Eleccion  of  their  Treasurer,  accordinge  to  the 
message  lately  receaved  from  his  Majesty :  and  theruppon 
withdrew  himselfe  out  of  the  Courte. 

Uppon  which  this  great  and  generall  Courte  found  them 
selves  uppon  a  deliberate  consideracion  of  the  matter  att  an 
exceedinge  pinch:  for  if  they  should  not  doe  as  the  Kinge 
had  commaunded  they  might  incurre  suspicion  of  defect  in 
poynte  of  duety,  —  from  which  they  protested  they  were  and 
would  be  free;  on  the  other  side,  if  they  should  proceed  ac 
cordinge  to  the  lymitts  of  that  message  they  suffered  a  greate 
breach  into  their  Prevyledge  of  free  Eleccion  graunted  to 
them  by  his  Majesty s  letters  Pattents,  which  they  held  fitt 
rather  to  lay  downe  with  all  dutie  and  submission  att  his 
Majesties  ffeet  then  to  be  depryved  of  their  pryveledge.  And 
theruppon  perusing  the  said  letters  Pattents,  after  longe 
arguinge  arid  debatinge,  itt  was  concluded  by  generall  erec- 
cion  of  hands,  that  the  eleccion  might  and  should  be  ad 
journed  to  the  next  Quarter  Courte  notwithstanding  any  order 
made  by  the  Company  to  the  contrarie. 

Wheruppon  forasmuch  as  itt  manyfestly  appeared  that  his 
Majestic  hadd  beene  much  misinformed  of  the  menaginge 
of  their  buisines  this  last  yeare,  Itt  was  agreed  accordinge 
to  the  opynion  aforesaide  that  the  day  of  Eleccon  should  be 
putt  of  till  the  next  generall  Courte  some  six  weeks  hence 
in  Midsomer  Tear  me,  and  till  they  understood  the  Kings 
farther  pleasure,  And  in  the  intrym  they  humbly  entreated 
the  Right  Honorable  the  Lord  of  Southampton,  Vyscount 
Doncaster,  The  Lord  Cavendish,  the  Lord  Sheffield,  Sir  John 
Davers,  Sir  Nicholas  Tufton,  Sir  Lawrence  Hide,  mr  Chris- 


ROYAL  ATTEMPTS  TO  CONTROL  THE   COMPANY       75 

topher  Brook,  mr  Gibbes,  mr  Herbert,  rur  Keightley,  and  mr 
Cranmer  to  meet  uppon  ffryday  raorninge  att  Southampton 
house  to  determine  of  an  humble  answere  unto  his  Majesties 
message  and  to  deliver  to  him  a  true  informaccon  as  well  of 
the  former  as  of  this  latter  years  government  of  the  buisines 
for  Virginia,  beseechinge  all  so  that  his  Majestic  would  be 
pleased  not  to  take  from  them  the  Pryveledge  of  their  letters 
Pattents,  butt  that  itt  might  be  in  their  owne  choyce  to  have 
free  eleccion. 

Uppon  which,  till  his  Majesties  pleasure  were  knowne,  Sir 
Edwin  Sandys,  after  much  and  ernest  refusall,  att  length 
uppon  ernest  request  of  the  whole  Courte  hee  yeilded  to  sett 
down  in  his  former  place,  yett  forbearinge  to  receave  the 
Scales  againe  or  to  putt  any  thinge  to  Question ;  and  all  other 
Officers  were  likewise  continued  till  the  same  time. 

(2)  A  Great  and  Generall  Quarter  Courte  helde  in  the  afternoone 

at  Mr.  Ferrars  House.  28th  July  1620. 
******* 

The  Earle  of  Southampton  acquainted  this  Courte  that  him- 
selfe  with  the  rest  of  the  Lords  and  gentlemen  requested  ther- 
unto'by  the  last  Quarter  Courte  had  presented  their  humble 
desires  unto  his  Majestic  for  the  free  eleceon  of  their  Treasurer, 
wherunto  his  Majestic  had  most  gratiously  condiscented,  sig- 
nyfyinge  unto  them  that  it  would  be  pleasinge  to  him  they 
made  choyce  of  such  a  one  as  might  att  all  times  and  occasions 
have  free  accesse  unto  his  royall  personn.  And  further  declar- 
inge  that  itt  was  the  mistakinge  of  the  messenger,  haveinge  not 
receaved  his  message  imeadiately  from  his  owne  royall  mouth, 
to  exclud  them  from  the  libertie  of  chdosinge  any  butt  the 
fower  nominated,  whom  his  Majesties  intent  was  indeed  to  rec 
ommend  butt  not  so  as  to  barr  the  Company  from  the  choyse 
of  any  other. 

Wheruppon  the  wholl  Courte  rendred  to  his  Majestic  all 
humble  thanks  and  ordered  that  by  writinge  itt  should  be  sig 
nified  unto  his  Majestic : 


76       SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

Then  mr  Herbert  delivered  unto  the  Company  that  wheras 
by  some  distractions  and  discentions  in  the  Company  the  buisi- 
nes  much  suffered  in  the  reputaccon  and  otherwise,  they  should 
now  think  uppon  some  Person  of  such  worth  and  authoritie  as 
might  give  full  remedie  therunto,  which  since  itt  could  not  be 
performed  by  the  late  Treasurer  a  man  of  that  greate  habilitie 
and  sufficiencie  together  with  his  Industrie  and  integritie  as  of 
his  ranke  ther  could  not  be  found  any  to  passe  him,  there  was 
now  lefte  noe  hope  except  itt  might  please  some  of  those  Hon 
orable  personages  [Lords]  then  present  to  vouchsaffe  to  accept 
of  the  place,  who  by  adiccon  of  Nobilitie  might  effect  that 
which  others  by  meere  habillytie  could  not  doe. 

Which  moccon  beinge  exceedinglie  approved,  the  whole 
Courte  imeadiately  with  much  joy  and  applause  nominated  the 
Earle  of  Southampton,  with  much  ernestnes  beseechinge  his 
Lordship  that  for  the  redeeminge  of  this  Noble  Plantaccon  and 
Company  from  the  ruines  that  seemed  to  hange  over  itt  hee 
would  vouchsaffe  to  accept  of  the  place  of  Treasurer. 

Which  itt  pleased  him  after  some  finale  pause  in  fine  to  doe 
in  very  noble  manner  out  of  the  worthie  love  and  affeccon  that 
hee  bare  to  the  Plantaccon.  And  the  Courte  in  testimoniall  of 
their  bounden  thankfullnes  and  of  the  great  honoure  and  re 
spect  they  ought  him,  did  resolve  to  surcease  the  ballatinge  box; 
and  without  nominaccon  of  any  other,  by  ereccon  of  hands,  his 
Lordship  was  chosen  Treasurer  and  tooke  his  Oath.  Which 
done,  his  Lordship  desyred  the  Company  that  they  would  all 
putt  on  the  same  myndes  with  which  hee  hadd  accepted  that 
place.  • 

(3)  At  a  great  and  generall  Quarter  Courte  held  for  Virginia  in 
the  Afternoone  the  22  of  May  1622. 

Imediately  after  these  things  were  thus  ordered,  as  the  Court 
were  proceedinge  after  their  accustomed  manner  to  the  eleccon 
of  their  Treasurer  Deputy  and  other  Officers  for  this  present 
yeare  accordinge  to  the  direccon  of  his  Majesties  Letters 
Patents,  mr  Alderman  Hamersly  rose  upp  and  havinge  first  ex- 


ROYAL  ATTEMPTS  TO  CONTROL  THE   COMPANY       77 

cused  his  seldome  comminge  to  Courts  by  reason  of  the  Officers 
negligent  warninge  of  him,  he  said  That  himselfe  and  mr  Bell 
were  both  commaunded  by  mr  Secretary  Calvert  to  deliver  a 
Message  in  his  Majesties  name  unto  this  Court,  namely  to  sig- 
nifie,  that  although  it  was  not  his  Majesties  desire  to  infringe 
their  liberty  of  free  elleccon  yet  it  would  be  pleasing  unto  him, 
if  they  made  choise  for  Treasurer  and  Deputy  any  of  those 
gentlemen  (commended  for  their  Sufficiency),  whose  names 
were  mencioned  in  the  paper  nowe  presented  in  open  Court 
which  were  these  that  followe  vizt.  [The  names  of  five  gentle 
men  nominated  by  the  King  for  Treasurer,  and  five  more  for 
Deputy.]  .  .  . 

Mr  Bell,  beinge  also  entreated  to  deliver  the  Message  he  had 
receaved  from  mr  Secretary  Calvert,  said  that  he  was  not  pres 
ent  when  mr  Secretary  Calvert  imparted  this  Message  to  mr 
Alderman  Hamersley,  but  that  there  came;  a  Messenger  to  him 
over  night  to  require  him  to  attend  mr  Secretary  Calvert  at 
his  Chamber ;  and  beinge  there,  mr  Secretary  told  him  that  his 
Majestic  commaunded  him  to  signifie  his  pleasure  that  out  of 
his  good  wishes  (for  the  good  of  the  Company  and  the  Planta 
tion)  he  had  recommended  to  this  Court  certaine  Gentlemen 
(named  in  the  paper  nowe  presented)  if  the  Company  so 
thought  good :  But  it  was  not  his  meaning  to  infringe  the  lib 
erty  of  their  free  choise ;  And  beinge  desirous  to  have  had  his 
Message  in  writinge,  mr  Secretary  said  it  needed  not  for  it  was 
but  short. 

Both  which  Messages  agreeing  in  substance,  and  beinge  a 
full  remonstrance  of  his  Majesties  well  wishing  unto  the  Planta 
tion  and  of  his  graceous  meaninge  not  to  infringe  the  priviledge  of 
the  Companie  and  liberty  of  their  free  eleccon,  was  receaved  with 
great  love  and  contentment  of  the  whole  Court ;  and  therupon 
proceedinge  to  the  eleccon  of  their  Treasurer  (for  which  onely 
three  by  the  orders  of  the  Company  could  stand).  It  was  gen 
erally  agreed  that  out  of  the  five  formerly  proposed  by  his 
Majestic  for  Treasurer,  choise  should  be  made  of  two  of  them 
to  stand  in  eleccon  with  one  that  the  Companie  should  name : 


78        SELF-GOVERNMENT   IN  VIRGINIA,  1619-1624 

Wherupon  the  former  live  beinge  severally  put  to  the  question, 
it  appeared  by  ereccon  of  most  hands  that  mr  Clethero  and  mr 
Hanford  were  to  stand  for  it :  Then  the  Companie  named  the 
Lord  of  Southampton  ;  who  beinge  all  three  accordingly  ballated, 
the  place  fell  to  the  Lord  of  Southampton  by  havinge  117  balls, 
mr  Clethero  13  and  mr  Hanford  7.  In  like  manner  out  of  the 
five  formerly  named  by  his  Majestic  for  Deputy,  by  ereccion  of 
most  hands,  mr  Leat  and  mr  Bateman  were  to  stand  for  it ;  unto 
whome  the  Companie  havinge  added  mr  Nicholas  ffarrer,  they 
were  all  three  put  to  the  Ballatinge  Boxe,  and  thereupon  choise 
was  made  of  mr  Nicholas  ffarar  by  havinge  103,  inr  Bateman 
10  :  and  mr  Leate  5. 


Itt  beinge  moved  that  there  might  be  some  presentaccon  of 
the  Companies  humble  thankfullnes  unto  his  Majestic  in  re 
spect  of  the  graceous  Message  formerly  delivered,  after  some 
deliberaccon  had  thereuppon,  the  Court  conceaved  it  fitt  to  be 
sett  downe  in  these  words  (vizt)  That  the  Lord  Cavendish  the 
Lord  Padgett,  the  Lord  Haughton  are  humbly  requested  by 
the  Court  to  present  their  most  humble  thanks  to  his  Majestie 
for  his  graceous  remembrance  and  good  wishes  to  their  affaires 
out  of  which  he  was  graceously  pleased  to  recommend  certaine 
persons  for  Treasurer  and  Deputy  if  they  so  thought  fitt,  but 
without  any  infringement  of  their  liberty  of  free  eleccon ;  and 
they  were  further  humbly  requested  to  signify  and  testifie  unto 
his  Majestie  the  great  respect  and  reverence  wherewith  his 
message  was  receaved  and  howe  in  conformity  thereunto,  al 
though  they  had  formerly  accordinge  to  their  custome  in  their 
Praeparative  Court  nominated  the  Earle  of  Southampton  for 
Treasurer,  yet  out  of  the  persons  recommended  by  his  Majestie 
they  choose  fower  who  had  most  voices  and  put  them  in  elec 
con  with  two  nominated  by  the  Company,  —  upon  whom  the 
places  were  conferred  by  an  unanimous  consent  of  the  Com 
pany,  havinge  founde  the  Plantation  to  prosper  every  of  these 
three  last  yeares  more  then  in  ten  before,  and  [more]  found  to 


ROYAL  ATTEMPTS  TO   CONTROL  THE   COMPANY       79 

have  bin  donn  with  Ten  thousand  pounds,  then  formerly  with 
fower  score  thousand.  .  .  . 

[The  language  of  the  Records,  of  course,  is  decorous  and  courtly  ;  but 
the  student  ought  to  be  able  to  see  a  certain  grim  humor  along  with  the 
steadfast  determination  not  to  permit  royal  usurpation.  The  Ferrars' 
Papers  report  that,  when  this  last  communication  was  delivered  to  the 
King,  he  "flung  away  in  a  furious  passion,"  —  not  unnaturally.  Some 
of  the  other  episodes  in  this  connection  told  in  those  papers  are  given  in 
American  History  and  Government,.] 


V.     A   ROYAL   PROVINCE 

(Representative  Government  in  Danger) 

29.   The  Royal  Commission  of  1624  for  the  First  Royal  Governor 

in  Virginia 

Hazard's  State  Papers  (1792),  I,  189  ff.  The  first  part  of  the  extract 
here  given  presents  King  James'  view  of  recent  troubles  with  the  Virginia 
Company. 

.  .  .  And  whereas  Wee,  out  of  our  zeal  and  affection  to  the 
furthering  of  the  said  Plantations,  having  still  a  watchfull 
and  carefull  eye  to  the  same,  and  finding  the  courses  taken  for 
the  setling  thereof,  had  not  taken  the  good  effect  which  Wee 
intended  and  so  much  desired,  did,  by  our  Commission  lately 
graunted  to  certaine  Persons  of  Qualitie  and  Trust,  cause  the 
state  of  the  said  country  of  Virginia  be  to  examined  how  it 
stood,  as  well  in  point  of  livelihood  as  government ;  ...  to 
the  end,  yf  good  cause  were,  Wee  might  by  our  royall  hand, 
supply  what  should  be  defective.  And  whereas  our  Commis 
sioners,  after  much  care  and  paines  expended  in  execution  of 
our  said'  Commissions,  did  certifie  us,  that  our  Subjects  and 
People  sent  to  inhabite  there,  and  to  plant  themselves  in  that 
country,  were  most  of  them  by  God's  visitations,  sickness  of 
bodie,  famine,  and  by  massacres  of  them  by  the  native  savages 
of  the  land,  dead  and  deceased,  and  those  that  were  living  of 
them  lived  in  necessitie  and  want,  and  in  danger  by  the  Sav 
ages  :  but  the  Country,  for  any  thing  appeared  to  the  said  Com 
missioners  to  the  contrary,  they  conceaved  to  be  fruitfull  and 
healthfull  after  our  People  had  been  some  time  there  ;  and 
that  if  industry  were  used  it  would  produce  divers  good  and 
staple  Commodities,  though  in  the  sixteene  years  government 
past,  it  had  yealded  fewe  or  none ;  .  .  .  and  that  yf  our  first 

80 


THE   ROYAL  COMMISSION   OF   1624  81 

graunt  herein  mentioned,  and  our  most  prudent  and  princely 
instructions  given  in  the  beginning  of  the  Plantation,  for  the 
direction  of  the  affaires  thereof  .  .  .  had  bin  pursued,  much 
better  effect  had  bin  produced  than  had  bin  by  the  alteration 
thereof,  into  soe  popular  [democratic]  a  course  .  .  . :  Whereupon 
Wee  entring  into  mature  and  deliberate  consideration  of  the 
premisses,  did,  by  the  advise  of  the  Lords  of  our  Privie  Coun- 
sell,  resolve,  by  altering  the  Charters  of  the  said  Company,  as 
to  the  point  of  government.wherein  the  same  might  be  found 
defective,  to  settle  such  a  course  as  might  best  secure  the 
safetie  of  the  People  there,  and  cause  the  said  Plantation  to 
flourish,  and  yet  with  the  preservation  of  the  interest  of  every 
Planter  or  Adventurer,  soe  far  forth  as  their  present  interests 
shall  not  prejudice  the  publique  Plantations ;  But  because  the 
said  Treasurer  and  Company  did  not  submitt  their  Charters  to 
be  reformed,  our  proceedings  therein  were  stayed  for  a  tyme, 
untill,  uppon  a  Quo  Warranto  ...  by  due  course  of  Lawe,  the 
said  charters  were  avoyded ;  [And  whereas  the  King  intends 
to  prepare  another  charter,  and  in  the  interval,  by  a  commis 
sion  of  July  15,  1(529,  has  established  a  supervising  council 
in  England  for  the  Colony  (composed  of  members  of  the  Privy 
Council),  now,  according  to  advice  from  this  council]  .  .  .  un 
till  some  other  constant  .  .  .  course  be  resolved  upon  .  .  . 
Knowe  yee  .  .  .  that  Wee  reposing  assured  trust  and  confi 
dence  in  the  understanding,  care,  fidelitie,  experience,  and 
circumspection  of  you,  .  .  .  Sir  Francis  Wyatt,  Francis  West, 
Sir  George  Yardeley,  George  Sandys,  Roger  Smith,  Ralph 
Ham  or,  John  Martin,  John  Harvy,  Samuell  Mathews,  Abra 
ham  Perrey,  Isaacke  Madison,  and  William  Clayborne,  have 
nominated  and  assigned,  and  do  hereby  nomynate  and  assigne 
you  the  said  Sir  Francis  Wyatt,  to  bee  the  prtesent  Governor, 
and  you  the  said  Francis  West,  Sir  George  Yardeley,  and  the 
rest  before  mentioned,  to  be  our  present  Councell  of  and  for 
the  said  Colonye  and  Plantation  in  Virginia:  Giving  and 
granting  unto  you,  and  the  greater  nomber  of  you,  by  theis 
presents  respectively,  full  power  and  authoritie  to  performe 


82  A  ROYAL  PROVINCE 

and  execute  the  places,  powers,  and  authorities  incident  to  a 
Governor  and  Councell  in  Virginia,  respectively,  and  to  direct 
and  governe,  correct  and  punish  our  Subjects  nowe  inhabiting 
or  being,  or  which  hereafter  shall  inhabite  or  be  in  Virginia, 
or  in  any  the  Isles,  portes,  havens,  creaks,  or  territories  thereof, 
either  in  tyme  of  peace  or  warre,  and  to  order  and  direct  the 
affaires  touching  or  concerning  that  Colonie  or  Plantation  in 
those  forraigne  partes  onely ; l  and  [to]  doe,  execute  andperforme 
alt  and  every  other  matters  and  things  concerning  that  Plantation, 
as  fully e  and  amply e  as  any  Governor  and  Councell  resident 
there,  at  any  tyme  ivithin  the  space  of  Jive  yeares  now  last  past 
.  .  .  Nevertheless,  our  will  and  pleasure  is,  that  yee  proceed 
therein  according  to  such  instructions  as  yee,  or  such  of  you 
as  have  bene  heretofore  of  our  Councell  there,  have  received, 
or  according  to  such  instructions  as  you  shall  hereafter  receave 
from  Us,  or  our  Commissioners  here.  .  .  .  And  lastly,  our  will 
and  pleasure  is,  that  this  our  commission  shall  continue  in 
force  untill  such  tyme  as  Wee  by  some  other  writing  under 
our  Signett,  privie  Scale,  or  greate  Seale,  shall  signify  our 
pleasure  to  the  contrary.  .  .  . 

30.  Yeardley's  Commission  from  Charles  I,  March  4/14,  1624/5 

Hazard's  State  Papers  (1792),  I,  230-234.  This  commission,  so  far 
as  concerns  the  powers  of  the  governor,  followed  the  commission  given 
in  No.  29  above.  Cf.  American  History  and  Government,  §  34. 

[The  King,  Charles  I,]  reposing  assured  Truste  and  Confi 
dence  in  the  Understanding,  Care,  Fidelitie,  Experience,  and 
Circumspection  of  you  the  said  Sir  George  Yardeley,  Francis 
West,  John  Hervey,  George  Sandys,  John  Pott,  Roger  /Smith, 
Ralph  Hamor,  Samuell  Matthews,  Abraham  Percey,  William 
Clayborne,  William  Tucker,  Jabes  WJiitacres,  Edward  Blaney, 
and  William  Farrar,  have  nominated  and  assigned  .  .  .  you  the 
said  Sir  George  Yardeley,  to  be  the  present  Governour,  and  you 

1  The  English  Council,  previously  named,  remained  in  supreme  charge  in 
England. 


THE  COLONY  FAVORS  THE  POLICY  OF  COMPANY       83 

the  said  John  Harvey,  and  the  rest  before  mentioned  to  be  the 
present  Councell  of  and  for  the  said  Collony  and  Plantation  in 
Virginia,  giveing  .  .  .  unto  you  full  Power  and  authority  to 
performe  and  execute  the  Places,  Powers,  and  Authorities 
incident  to  a  Governour  and  Councell  of  Virginia  respectively  ; 
and  to  direct  andgoverne,  correct  and  punish  our  Subjects  .  .  . 
in  Virginia,  eyther  in  tyme  of  Peace  or  Warr ;  and  to  order 
and  direct  the  Affaires  touching  or  concerneing  that  Collony  or 
Plantation  in  those  forreigne  parts  only  ;  and  to  execute  and 
performe  all  and  every  other  Matters  and  Things  concerneing 
that  Plantation,  as  fully  and  amply  as  any  Governour  and  Coun 
cell  resident  there,  at  anie  time  within  the  Space  of  Five  Years 
now  last  past,  had  or  might  performe  or  execute :  .  .  . 

[Observe  that  there  is  no  reference  to  the  Assembly  in  this  document  or 
in  the  preceding  one.] 

31.   The  Colony  favors  the  Policy  of  the  Company 

a.  The  Assembly  enacts  a  precautionary  "  Bill  of  Rights, " 
March,  1624 

Hening's  Statutes  at  Large,  being  a  Collection  of  the  Laws  of  Virginia 
(1823).  Cf.  American  History  and  Government,  §  34. 

It  had  become  apparent  that  the  King  was  about  to  destroy  the  Com 
pany  and  take  over  the  colony.  This  Assembly  enacted  some  thirty  brief 
statues.  Three  are  of  interest  in  this  connection. 

8.  —  That  the  Governor  shall  not  lay  any  taxes  or  ympositions 
upon  the  colony  their  lands  or  comodities  other  icay  than  by  the 
authority  of  the  General  Assembly,  to  be  levyed  and  ymployed 
as  the  said  Assembly  shall  appoynt.1 

9.  —  The  governor  shall  not  withdraw  the  inhabitants  from 
their  private  labors  to  any  service  of  his  own  upon  any  colour 
whatsoever;  and  in  case  the  publick  service  require  yimploy- 
ments  of  many  hands  before  the  holding  a  General  Assernblie 
to  give  order  for  the  same,  in  that  case  the  levying  of  men  shall 
be  done  by  order  of  the  governor  and  whole  body  of  the  coun- 

1  This  law  was  reenacted  in  the  same  words  in  1632  and  1642. 


84  A   ROYAL  PROVINCE 

sell,  and  that  in  such  sorte  as  to  be  least  burthensome  to  the 
people  and  most  free  from  partiality. 

11.  —  That  no  burgesses  of  the  General  Assembly  shall  be 
arrested  during  the  time  of  the  assembly,  a  week  before  and  a 
week  after,  upon  pain  of  the  creditors  forfeiture  of  his  debt 
and  such  punishment  upon  the  officer  as  the  court  shall  award.1 

b.  Requests  for  Aid  (and,  indirectly,  for  an  Assembly} 

(1)  Letter  from  Governor  and  Council  to  the  Special  Commission 
mentioned  in  No.  29  above. 

Aspinwall  Papers,  in  Massachusetts  Historical  Society  Collections, 
4th  series,  IX,  74-81.  About  a  third  of  the  letter  is  given  here. 

Right  Honorable,  —  .... 

Nothing  hath  bine  longe  more  earnestly  desired  then  the 
setling  of  the  affaires  of  the  Collony,  as  well  for  the  govern 
ment  as  other  wayes,  neither  could  ther  have  bine  a  greater 
incouragement  to  the  Planter  then  to  understand  it  to  bee  his 
Majesties  gratious  pleasure  that  no  person  of  whom  they  have 
heretofore  justlie  com  play  ned  should  have  any  hand  in  the 
government,  either  here  or  their  [in  Virginia  or  in  England]. 
And  wee  humbly  desire  your  Lordshipps  to  solicitt  his  Maj- 
estie  (if  it  bee  not  alreadie  done)  for  the  speedie  accomplish 
ment  thereof,  the  rather  because  the  Governors  necessary 
occasions  require  his  present  retourne  [to  England]. 

His  Majesties  gratious  assurance  that  every  man  shall  have 
his  particular  right  preserved  and  inlarged,  with  Addicion  of 
reasonable  imunities,  wilbe  a  singular  meanes  of  inviting  many 
people  hither,  and  setling  themselves  here  .  .  . 

Those  greate  important  workes  of  suppressing  the  Indians, 
discoveries  by  sea  and  land,  and  Fortificacion  against  a  forren 
enemy,  that  they  may  be  thoroughly  and  effectually  performed, 
will  require  no%less  numbers  then  Five  hundred  soldiers,  to 
bee  yearely  sent  over,  for  Certaine  yeares,  with  a  full  yeares 

1  This  immunity  is  copied  from  that  of  members  of  the  English  Parliament 
for  some  centuries  preceding. 


THE   COLONY  DESIRES  AN  ASSEMBLY  85 

provision  of  Victual!,  aparrell,  armes,  Munition,  tooles,  and 
all  necessaries,  to  which  Worthie  designes  the  Collony  wilbe 
alwayes  readie  to  yeald  ther  best  furtherance  and  assistance, 
as  they  have  bine  very  forward  since  the  Massacre,  notwith 
standing  ther  great  losse  then  sustayned.  And  wee  Conceive 
soe  great  expence,  will  have  the  better  successe,  if  the  ordering 
therof  be  refered  to  the  Governor  and  Counsell  here  residing, 
with  the  advise  (in  speciatt  Cases)  of  the  Generall  Assembly.  Both 
Concerning  this,  and  alother  things  which  may  Conduce  to  tlie 
setling  of  the  Plantacion,  wee  have  formerly  given  your  Lord- 
shipps  Advertisement,  in  the  generall  Assemblies  answere  to 
the  ffowre  propositions  propounded  by  your  Lordshipps  to  the 
Commissioners  sent  hither,  and  wee  doubt  not  but  Sir  George 
Yardly  hath  given  your  Lordshipps  full  information  of  all 
things  necessary.  .  .  . 

Your  Lordshipps  very  humble  Servants, 

FRANCIS  WYATT. 

FRANCIS  WEST. 

RAPHE  HAMOR. 

ROGER  SMITH. 

ABRAHAM  PERSEY. 

WILLIAM  CLAYBOURNE. 
James  Cittie  the  6th.  of  Aprill,  1626. 

(2)   The  Same  to  the  Same,  May  17,  1626. 

Virginia  Magazine  of  History,  II,  50-55.  An  abstract  is  printed 
in  the  Colonial  State  Papers. 

But  the  groundwork  of  all  is,  that  their  bee  a  sufficient 
publique  stock  to  goe  through  with  soe  greate  a  worke,  which 
wee  cannot  compute  to  bee  lesse  then  £20,000  a  yeare,  certaine 
for  some  yeares ;  for  by  itt  must  be  mainetained  the  governer 
and  counsell  and  other  officers  here,  the  forrest  wonne  and 
stockt  with  cattle,  fortifications  raysed,  a  running  arnrye 
mainetayned,  discoveries  made  by  Sea  and  land,  and  all  other 
things  requisitt  in  soe  mainefould  a  business.  And  because 


86  A   ROYAL  PROVINCE 

[of  the  difficulty  of  administering  such  sums  wisely  from 
England],  wee  humbly  desire  that  a  good  proporcion  thereof 
may  bee  whollie  att  the  disposall  of  the  governor,  Counsell, 
and  generall  Assembly  in  Virginia.  .  .  . 

32.  Royal  Restoration  of  the  Virginia  Assembly,  1629 

a.  Harvey's  Propositions  Touching  Virginia  (without 
date;  1629} 

Virginia  Magazine  of  History,  VII,  369. 

For  explanation,  see  American  History  and  Government,  §  34.  Sir 
John  Harvey  had  been  appointed  governor  a  few  months  before,  with  a 
commission  which  made  no  mention  of  an  Assembly.  The  extract  is 
No.  2  of  the  seven  "propositions "  submitted  by  him  to  King  Charles. 

2.  That  his  Ma[jes]tie  wilbe  pleased  gratiously  to  extend  his 
favour  to  the  planters,  for  a  new  confirmation  of  their  lands 
and  goods  by  charter  under  the  great  seale  of  England,  and 
therein  to  authorize  the  Lords  to  consider  what  is  fitt  to  be 
done  for  the  ratifying  of  the  privileges  formerly  granted,  and 
holding  of  a  general  assembly,  to  be  called  by  the  Governor 
upon  necessary  occasions,  therein  to  propound  laws  and  orders 
for  the  good  government  of  the  people ;  and  for  that  it  is  most 
reasonable  that  his  ma[jes]ties  subjects  should  be  governed  only 
by  such  laws  as  shall  have  their  originall  from  his  ma[jes]ties 
royall  approbation,  it  be  therefore  so  ordered  that  those  laws, 
so  there  made,  only  stand  as  propositions,  until  his  ma[jes]tie 
shalbe  pleased,  under  his  great  seal  or  privy  seal,  or  by  the 
Lords  of  his  noble  privy  council,  to  ratify  the  same. 

b.  Certaine  Answeres  (by  Charles  /)  to  Capt.  Harveye's 

Proposicons  Touching  Virginia 
Virginia  Magazine  of  History,  VII,  370. 

2.  The  sett[l]ing  of  Lands  and  goods  and  privileges  is  to  be 
done  here,  and  may  be  done  by  calling  in  the  former  books  and 
charters  at  a  convenient  time.  But  the  governor  may  be 
authorized  shortly  after  his  first  coming  into  Virginia  to  call  a 


THE   ASSEMBLY   RESTORED  87 

grand  assembly  and  there  to  set  doivn  an  establishment  of  the 
Government,  and  ordaine  laws  and  orders  for  the  good  thereof, 
and  those  to  send  hither  to  receive  allowance  [i.e.,  to  be  rati 
fied]  ;  and  such  as  shall  be  soe  allowed  to  be  returned  thither 
under  the  great  seal  and  put  in  execution,  the  same  to  be 
temporary  and  changeable  at  his  ma[jes]ties  pleasure,  signified 
under  the  like  great  seal. 

[This  is  the  formal  restoration  of  the  Virginia  Assembly.  The  meet" 
ing  in  1628  had  been  with  special  sanction  for  that  particular  occasion.] 

c.  Assembly  Authorized  in  a  Governor's  Instructions, 

1641 

Virginia  Magazine  of  History,  II,  281  ff. 

These  instructions  in  the  matter  of  the  Assembly  are  said  to  have  been 
given  in  the  same  form  to  Wyatt  in  1630,  —  the  governor  who  came  be 
tween  Harvey  and  Berkeley.  For  the  significance  of  these  papers,  see 
American  History  and  Government,  §§  34-35. 

Instructions  to  Sir  Wm.  Berkeley,  Knt.,  Governor  of  Virginia 

******* 
4.  That  you  and  the  Councillors  as  formerly  once  a  year 
or  oftener  if  urgent  occasion  shall  require,  Do  summon  the 
Burgesses  of  all  and  singler  Plantations  there,  which  together 
with  the  Governor  and  Councill  makes  the  Grand  Assembly, 
and  shall  have  Power  to  make  Acts  and  Laws  for  the  Govern 
ment  of  that  Plantation,  correspondent,  as  near  as  may  be, 
to  the  Laws  of  England,  in  which  assembly  the  Governor 
is  to  have  a  negative  voice,  as  formerly. 


33.  Legislation  by  the  Virginia  Assembly  as  to  Morals  and 

Taxes 

Hening's  Statutes  at  Large  (1823). 
(1)   [Jfarcft,  1628/4.] 

19. — The  proclamations  for  swearing  and  drunkenness  sett 
out  by  the  governor  and  counsell  are  confirmed  by  this  As- 


88  A   ROYAL  PROVINCE 

sembly ;  —  and  it  is  further  ordered  that  the  church-wardens 
shall  be  sworne  to  present  them  to  the  commanders  of  every 
plantation  and  that  the  forfeitures  shall  be  collected  by  them 
to  be  for  publique  uses. 

33.— That  for  defraying  of  such  publique  debts  our  troubles 
have  brought  upon  us.  There  shall  be  levied  10  pounds  of 
tobacco  upon  every  male  head  above  sixteen  years  of  adge 
now  living  (not  including  such  as  arrived  since  the  beginning 
of  July  last). 

(2)  [October,  lew.] 

Act  VI.  —  It  is  further  concluded  and  ordered  that  every 
master  of  a  family,  and  every  freeman  that  is  to  pay  five 
pounds  of  tobacco  per  pol  as  aforesaid  for  the  defraying  of 
publique  charges,  shall  bring  the  same  unto  the  Houses  of 
the  Burgesses  of  the  plantations  within  two  dayes  after 
notice  thereof  given  unto  them.  And  if  any  shall  faile  to 
bring  in  the  same,  it  is  thought  fitt  that  by  virtue  of  this 
order  the  said  Burgesses  shall  have  power  to  levy  the  same 
by  distresse,  upon  the  goods  of  the  delinquents,  and  to  make 
sale  of  the  said  goods,  and  to  detaine  such  tobacco  which 
shall  be  due  by  this  order,  and  for  their  ffees  in  making  this 
distresse,  restoring  to  the  owner  of  the  said  goods  the  residue 
and  remainder.  And  if  the  Burgesses  shall  make  neglecte 
herein  they  shall  be  fined  by  the  governour  and  Council. 

(3)  [February,  1681/2.'} 

Act  XL  —  Mynisters  shall  not  give  themselves  to  excesse 
in  drinkinge,  or  riott,  spendinge  theire  tyme  idellye  by  day 
or  night,  playinge  at  dice,  cards,  or  any  other  unlawfull 
game ;  but  at  all  tymes  convenient  they  shall  heare  or  reade 
somewhat  of  the  holy  scriptures,  or  shall  occupie  themselves 
with  some  other  honest  study  or  exercise,  alwayes  doinge  the 
thinges  which  shall  apperteyne  to  honesty,  and  endeavour 
to  profitt  the  church  of  God,  alwayes  haveinge  in  inynd  that 
they  ought  to  excell  all  others  in  puritie  of  life,  and  should 
be  examples  to  the  people  to  live  well  and  christianlie. 


LEGISLATION   BY  THE  VIRGINIA  ASSEMBLY      89 

(4)  [March,  1643.] 

Act  XXXV.  —  Be  it  also  enacted  and  confirmed,  for  the 
better  observation  of  the  Sabbath,  that  no  person  or  persons 
shall  take  a  voyage l  upon  the  same,  except  it  be  to  church, 
or  for  other  cause  of  extreme  necessitie,  upon  the  penalty  of 
the  forfeiture  for  such  offense  of  twenty  pounds  of  tobacco, 
being  justly  convicted  for  the  same. 

(5)  [October,  1644.'] 

Act  VIII.  —  Noe  debts  made  for  wines  or  strong  waters 
shall  be  pleadable  or  recoverable  in  any  court  of  justice.2 

1  Travel  was  mainly  by  water.    To  "take  a  voyage"  was  equivalent  to 
"  make  a  journey." 

2  This  finds  its  modern  parallel  in  our  custom  that  prevents  the  collection 
of  gambling  debts  by  legal  process. 


VI.     THE   ASSEMBLY   DURING   THE  COMMON 
WEALTH 

34.    Virginia  and  the  Parliamentary  Commissioners,  1652 

Hening's  Statutes,  I,  363  ff. 

Cf.  American  History  and  Government,  §  337,  for  the  supremacy  of  the 
Assembly  during  the  Commonwealth. 

Articles  agreed  on  and  concluded  at  James  Cittie  in  Virginia 
for  the  surrendering  and  settling  of  that  plantation  under  the 
obedience  and  government  of  the  Common  Wealth  of  England,  by 
the  commissioners  of  the  Councill  of  State,  by  authoritie  of  the 
Parliament  of  England,  and  by  the  Grand  Assembly  of  the  Gov- 
ernour,  Councill,  and  Burgesses  of  that  countrey. 

First.  It  is  agreed  and  consented  that  the  plantation  of 
Virginia,  and  all  the  inhabitants  thereof,  shall  be  and  reraaine 
in  due  obedience  and  subjection  to  the  common  wealth  of  Eng 
land,  according  to  the  lawes  there  established,  And  that  this 
submission  and  subscription  bee  acknowledged  a  voluntary  act, 
not  forced  nor  constrained  by  a  conquest  upon  the  countrey. 
And  that  they  shall  have  and  enjoy  such  freedom es  and  privi- 
ledges  as  belong  to  the  free  borne  people  of  England,  and  that 
the  former  government  by  the  commissioners  and  instructions 
be  void  and  null. 

2dly.  —  Secondly,  that  the  Grand  Assembly,  as  formerly, 
shall  convene  and  transact  the  affairs  of  Virginia,  wherein  noth 
ing  is  to  be  acted  or  done  contrarie  to  the  government  of  the 
common  wealth  of  England  and  the  lawes  there  established. 

Sdly.  —  That  there  shall  be  a  full  and  totall  remission  and 
indempnitie  of  all  acts,  words,  or  writings  done  or  spoken 
against  the  parliament  of  England  in  relation  to  the  same. 

90 


THE   PARLIAMENTARY  COMMISSIONERS,   1652       91 


ly.  —  That  Virginia  shall  have  and  enjoy  the  antient 
bounds  and  lymitts  granted  by  the  charters  of  the  former  Kings. 
And  that  we  shall  seek  a  new  charter  from  the  parliament 
to  that  purpose  against  any  that  have  intrencht  upon  the  rights 
thereof.1 


.  —  •  That  all  the  pattents  of  land  granted  under  the  col- 
lony  seale,  by  any  of  the  precedent  Governours,  shall  be  and 
remaine  in  their  full  force  and  strength. 

7thly.  —  That  the  people  of  Virginia  have  free  trade,  as  the 
people  of  England  do  enjoy,  to  all  places  and  with  all  nations 
according  to  the  lawes  of  that  common-wealth,  and  that  Vir 
ginia  shall  enjoy  all  priviledges  equall  with  any  English  planta 
tions  in  America. 

Sthly.  —  That  Virginia  shall  be  free  from  all  taxes,  customes, 
and  impositions  whatsoever,  and  none  to  be  imposed  on  them 
without  the  consent  of  the  Grand  Assembly,  and  soe  that 
neither  ffortes  nor  castles  bee  erected  or  garrisons  maintained 
without  their  consent. 

lOtlily.  —  That  for  the  future  settlement  of  the  countrey  in 
their  due  obedience,  the  engagement  shall  be  tendred  to  all  the 
inhabitants  according  to  act  of  parliament  made  to  that  pur 
pose  ;  that  all  persons  who  shall  refuse  to  subscribe  the  said 
engagement,  shall  have  a  yeares  time  if  they  please  to  remove 
themselves  and  their  estates  out  of  Virginia,  and  in  the  mean 
time  during  the  said  yeare  to  have  equall  justice  as  formerly. 

llthly.  —  That  the  use  of  the  booke  of  common  prayer  shall 
be  permitted  for  one  yeare  ensueinge  with  reference  to  the  con 
sent  of  the  major  part  of  the  parishes,  Provided  that  things 
which  relate  to  kingshipp  or  that  government  be  not  used  pub- 
liquely  ;  and  the  continuance  of  ministers  in  their  places,  they 
not  misdemeaning  themselves  :  And  the  payment  of  their  ac 
customed  dues  and  agreements  made  with  them  respectively 
shall  be  left  as  they  now  stand  dureing  this  ensueing  yeare. 

1  This  article  was  not  ratified  by  Parliament. 


92      THE  ASSEMBLY  DURING  THE  COMMONWEALTH 

16thly.  —  That  the  comissioners  for  the  parliament  subscrib 
ing  these  articles  engage  themselves  and  the  honour  of  the  par 
liament  for  the  full  performance  thereof :  And  that  the  present 
Governour  and  the  Councill  and  the  Burgesses  do  likewise  sub 
scribe  and  engage  the  whole  collony  on  their  parts. 

35.   The  Franchise  Restricted  and  Restored,  1655,  1656 

Hening's  Statutes  at  Large,  Cf.  American  History  and  (rovernment, 
§  103  and  note. 

(1)  [Jfarcft,  1654/5.'] 

Act  VII.  —  Be  it  enacted  by  this  present  Grand  Assembly 
.  .  .  That  the  persons  who  shall  be  elected  to  serve  in  Assem 
bly  shall  be  such  and  no  other  then  such  as  are  persons  of 
knowne  integrity  and  of  good  conversation  and  of  the  age 
of  one  and  twenty  yeares  —  That  all  housekeepers  whether 
ffreeholders,  lease  holders,  or  otherwise  tenants,  shall  onely 
be  capeable  to  elect  Burgesses,  and  none  hereby  made  unca- 
pable  shall  give  his  subscription  to  elect  a  Burgesse  upon  the 
pennalty  of  four  hundred  pounds  of  tobacco  and  cask,  to  be 
disposed  of  by  the  court  of  each  county  where  such  contempt 
shall  be  used :  Provided  that  this  word  housekeepers  repeated 
in  this  act  extend  no  further  than  to  one  person  in  a  ffamily. 

(2)  [3/arc/i,  1655 '/ '6. .] 

Act  XVI.  —  Whereas  we  conceive  it  something  hard  and 
unagreeable  to  reason  that  any  persons  shall  pay  equall  taxes 
and  yet  have  no  votes  in  elections,  Therefore  it  is  enacted 
by  this  present  Grand  Assembly,  That  soe  much  of  the  act  for 
chooseing  Burgesses  be  repealed  as  excludes  freemen  from 
votes,  Provided  allwaies  that  they  fairly  give  their  votes  by 
subscription  and  not  in  a  tumultuous  way,1  .  .  . 

iThis  was  reenacted  in  Ki58.  Heniug,  I,  475.  But  cf.  Nos.  105-109  for 
later  developments. 


VII.     MAKYLAND 

36.  Lord  Baltimore  to  King  Charles,  August  19/29,  1629 

Scharf' s  Maryland,  I,  44,  45.  The  letter  was  written  from  Avalon  (No. 
38),  in  Nova  Scotia.  Only  the  second  half  is  given  here  ;  the  first  half 
defends  the  writer  against  certain  "slanders"  by  Protestant  enemies. 

Most  Gracious  and  Dread  Sovereign  :  — 

...  So  have  I  met  with  greater  difficultys  .  .  .  here,  which 
in  this  place  are  no  longer  to  be  resisted,  but  enforce  me 
presently  to  quitt  my  residence  and  to  shift  to  some  other 
warmer  climate  of  this  new  world,  where  the  wynter  be 
shorter  and  less  rigorous.  For  here  Your  Majesty  may  please 
to  understand  that  I  have  found  by  too  deare  bought  experience, 
[what]  other  men  for  their  private  interests  always  concealed 
from  me,  that  from  the  middlest  of  October  to  the  middlest  of 
May  there  is  a  sadd  fare  of  wynter  upon  all  this  land ;  both 
sea  and  land  so  frozen,  for  the  greater  part  of  the  tyme,  as  they 
are  not  penetrable,  no  plant  or  vegetable  thing  appearing  out 
of  the  earth ;  .  .  .  nor  fish  in  the  sea,  besides  the  ayre  so  in 
tolerable  cold  as  it  is  hardly  to  be  endured.  By  means  whereof, 
and  of  much  salt  meate,  my  house  hath  been  an  hospital  all 
this  wynter;  of  100  persons,  50  sick  at  a  time,  myself  being 
one ;  and  nyne  or  ten  of  them  dyed.  Hereupon  I  have  had 
strong  temptations  to  leave  all  proceedings  in  plantations,  and, 
being  much  decayed  in  my  strength,  to  retire  myselfe  to  my 
former  quiett.  But  my  inclination  carrying  me  naturally  to 
these  kynd  of  workes,  and  not  knowing  how  better  [to  use] 
the  poore  remaynder  of  my  dayes,  than  ...  to  further  .  .  . 
the  enlarging  your  majesty's  empire  in  this  part  of  the  world, 
I  am  determined  to  committ  this  place  to  fisherman  (that  are 
able  to  encounter  stormes  and  hard  weather)  and  to  remove 
myselfe  with  some  40  persons  to  your  majesty's  dominion 
Virginia;  where,  if  your  majesty  will  please  to  grant  me  a 

93 


94  MARYLAND 

precinct  of  land  with  such  privileges  as  the  king  your  father, 
my  gracious  master,  was  pleased  to  grante  me  here,  I  shall 
endeavor,  to  the  utmost  of  my  power,  to  deserve  it.  .  .  . 

37.  Charter  of  Maryland,  June  20/30,  1632 

The  text  in  Latin  and  English  is  given  in  Bacon's  Laws  of  Maryland. 
For  explanation  of  events  leading  to  this  grant,  see  American  History 
and  Government,  §  38.  The  document  is  in  Latin. 

I.  —  CHAKLES,  by  the  grace  of  GOD,  of  England,  Scotland, 
France,  and  Ireland,  l&mtj,  Defender  of  the  Faith,  etc.  To  ALL 
to  whom  these  Presents  shall  come,  GREETING. 

[II,  III,  and  first  part  of  IV,  recite  the  petition  of  Cecilius, 
Baron  of  Baltimore,  the  determination  of  the  King  to  " en 
courage  the  pious  and  noble  purpose,"  and  the  grant  of  land, 
with  confused  geographical  description.] 

IV.  —  Also  WE  do  GRANT  .  .  .  unto  the  said  Baron  of  BAL 
TIMORE,  his  heirs  and  assigns,  .  .  .  the  PATRONAGES,  and 
ADVOWSONS  of  all  Churches  which  (with  the  increasing  Worship 
and  Religion  of  CHRIST)  within  the  said  Region  .  .  .  here 
after  shall  happen  to  be  built,  together  with  Licence  and  Faculty 
of  erecting  and  founding  Churches,  Chapels,  and  Places  of 
Worship,  in  convenient  and  suitable  Places,  within  the  Premises, 
and  of  causing  the  same  to  be  dedicated  and  consecrated 
according  to  the  Ecclesiastical  Laws  of  our  Kingdom  of 
England;  with1  all,  and  singular  such,  and  as  ample  Rights, 
Jurisdictions,  Privileges,  Prerogatives,  Royalties,  Liberties, 
Immunities,  and  royal  Rights,  and  temporal  Franchises 
whatsoever,  as  well  by  Sea  as  by  Land,  within  the  Region  .  .  . 
aforesaid,  to  be  had,  exercised,  used,  and  enjoyed,  as  any  Bishop 
of  Durham,  within  the  Bishoprick  or  County  Palatine  of  Dur 
ham,  in  our  Kingdom  of  England,  ever  heretofore  hath  had, 
held,  used,  or  enjoyed,  or  of  Right  could  or  ought  to  have, 
hold,  use,  or  enjoy. 

1  This  word  "  with  "  should  properly  be  "  and  "  ;  it  begins  a  new  grant  — 
the  feudal  powers  of  the  proprietor. 


CHARTER  OF  MARYLAND,  JUNE  20/30,  1632          95 

[V.  —  Tenure  by  Baltimore  to  be  in  free  and  common  soc- 
cage,  and  not  in  capite,  or  by  "  Knight's  Service,"  "  yeilding 
therefore  to  Us  .  .  .  two  Indian  Arrows  of  these  parts  every 
year,"  and  the  fifth  part  of  gold  and  silver  ore.] 

VI.  —  Now,  That  the  aforesaid  Region,  thus  by  us  granted 
and  described,  may  be  eminently  distinguished  above  all  other 
Regions  of  that  Territory,  and  decorated  with  more  ample  Titles, 
KNOW  YE,  that  WE  .  .  .  have   thought   fit  that  the   said 
Region  and  Islands  be  erected  into  a  PROVINCE,  as  out  of 
the  plenitude  of  our  royal  power  and  prerogative,  WE  do  .  .  . 
EKECT  and  INCORPORATE  the  same  into  a  PROVINCE,  and 
nominate  the  same  MARYLAND,  by  which  name  WE  will 
that  it  shall  from  henceforth  be  called. 

VII.  —  And  forasmuch  as  WE  have  above  made  and  ordained 
the  aforesaid  now  Baron  of  BALTIMORE,  the  true  LORD  and 
Proprietary  of  the  whole  PROVINCE  aforesaid,  KNOW  YE  there 
fore  further,  that  WE  ...  do  grant  unto  the  said  now  Baron, 
(in  whose  Fidelity,  Prudence,  Justice,  and  provident  Circum 
spection  of  Mind,  WE  repose  the  greatest  Confidence)  and  to 
his  Heirs,  for  the  good  and  happy  Government  of   the  said 
PROVINCE,  free,  full,  and  absolute  Power,  by  the  tenor  of  these 
Presents,  to  Ordain,  Make,  and  Enact  LAWS,  of  what  kind 
soever,  according  to  their  sound  Discretions,  whether  relating 
to  the  Public  State  of  the  said  PROVINCE,  or  the  private  Utility 
of  Individuals,  of  and  with  the  Advice,  Assent,  and  Approbation 
of  the  Free-Men  of  the  same  PROVINCE,  or  of  the  greater  Part 
of  them,  or  of  their  Delegates  or  Deputies,  whom  WE  will  shall 
be  called  togther   for  the  framing  of   LAWS,  when,  and  as 
often  as  Need  shall  require,  by  the  aforesaid  now  Baron  of 
BALTIMORE,  and  his  Heirs,  and  in  the  Form  which  shall 
seem  best  to  him  or  them,  and  the  same  to  publish  under  the 
Seal  of  the  aforesaid  now  Baron  of  BALTIMORE,  and  his 
Heirs,  and  duly  to  execute  the  same  upon  all  Persons,  for  the 
Time  being,  within  the  aforesaid  PROVINCE,  and  the  Limits 
thereof,  or  under  his  or  their  Government  and  Power,  in  Sailing 
towards  MARYLAND,  on  thence  Returning,  Outward-bound, 


96  MARYLAND 

either  to  England,  or  elsewhere,  whether  to  any  other  Part  of 
Our,  or  of  any  foreign  Dominions,  wheresoever  established, 
by  the  Imposition  of  Fines,  Imprisonment,  and  other  Punish 
ment  whatsoever;  even  if  it  be  necessary,  and  the  Quality  of 
the  Offence  require  it,  by  Privation  of  Member,  or  Life,  by 
him  the  aforesaid  now  Baron  of  BALTIMORE,  and  his  Heirs, 
or  by  his  or  their  Deputy,  Lieutenant,  Judges,  Justices,  Mag 
istrates,  Officers,  and  Ministers,  to  be  constituted  and  appointed 
according  to  the  Tenor  and  true  Intent  of  these  Presents,  and 
to  constitute  and  ordain  Judges,  Justices,  Magistrates,  and 
Officers,  of  what  Kind,  for  what  Cause,  and  with  what  Power 
soever,  within  that  Land,  and  the  Sea  of  those  Parts,  and  in 
such -form  as  to  the  said  now  Baron  of  BALTIMORE,  or  his 
Heirs,  shall  seem  most  fitting :  And  also  to  Remit,  Release, 
Pardon,  and  Abolish,  all  Crimes  and  Offences  whatsoever 
against  such  Laws,  whether  before,  or  after  Judgment  passed ; 
and  to  do  all  and  singular  other  Things  belonging  to  the  Com 
pletion  of  Justice,  and  to  Courts,  Praetorian  Judicatories,  and 
Tribunals,  judicial  Forms  and  Modes  of  Proceeding,  although 
express  Mention  thereof  in  these  Presents  be  not  made  ;  and, 
by  Judges  by  them  delegated,  to  award  Process,  hold  Pleas, 
and  determine  in  those  Courts,  Praetorian  Judicatories,  and 
Tribunals,  in  all  Actions,  Suits,  Causes,  and  Matters  whatso 
ever,  as  well  Criminal  as  Personal,  Real  and  Mixed,  and  Prae 
torian  :  .  .  .  So  NEVERTHELESS,  that  the  Laws  aforesaid  be 
consonant  to  Reason  and  be  not  repugnant  or  contrary,  but  (so 
far  as  conveniently  may  be)  agreeable  to  the  Laws,  Statutes, 
Customs  and  Rights  of  this  Our  Kingdom  of  England. 

VIII.  —  AND  FORASMUCH  as,  in  the  Government  of  so  great 
a  PROVINCE,  sudden  Accidents  may  frequently  happen,  to 
which  it  will  be  necessary  to  apply  a  Remedy  before  the  Free 
holders  of  the  said  PROVINCE,  their  Delegates,  or  Deputies,  can 
be  called  together  for  the  framing  of  Laws ;  neither  will  it  be 
fit  that  so  great  a  Number  of  People  should  immediately,  on 
such  emergent  Occasion,  be  called  together,  WE  THEREFORE, 
for  the  better  Government  of  so  great  a  PROVINCE,  ...  do 


CHARTER  OF  MARYLAND,  JUNE  20/30,   1632       97 

grant  .  .  .  that  the  aforesaid  now  Baron  of  BALTIMORE; 
and  his  Heirs,  by  themselves,  or  by  their  Magistrates  and 
Officers,  thereunto  duly  to  be  constituted  as  aforesaid,  may, 
and  can  make  and  constitute  fit  and  wholesom  Ordinances  from 
Time  to  Time,  to  be  kept  and  observed  within  the  PROVINCE 
aforesaid,  as  well  for  the  Conservation  of  the  Peace,  as  for  the 
better  Government  of  the  People  inhabiting  therein,  and 
publickly  to  notify  the  same  to  all  Persons  whom  the  same  in 
any  wise  do  or  may  affect  .  .  .  :  so  that  the  same  Ordinances 
do  not,  in  any  Sort,  extend  to  oblige,  bind,  change,  or  take 
away  the  Right  or  Interest  of  any  Person  or  Persons,  of  or  in 
Member,  Life,  Freehold,  Goods  or  Chattels. 

IX,  X — [Permission  to  English  subjects  to  emigrate  to 
Maryland,  and  X,  to  enjoy  (with  their  descendants)  the  rights 
of  Englishmen  at  home.] 

XI.  —  [Certain  exemptions  from  export  duties,  as  in  earlier 
charters.] 

XII.  —  [Authorization  for  the   proprietor  or  his  officers  to 
make  war,  if  needful,  upon  savages  and  pirates  or  other  in 
vaders.] 

XIII.  —  [Authorization   for   martial   law,   under  the   usual 
restrictions.] 

XIV.  —  [Authority  for  Baltimore  to  confer  titles  of  nobility 
(not  such  as  in  England),  to  incorporate  towns,  etc.] 

XV-XVI.  —  [Regulations  regarding  ports  and  temporary 
exemptions  from  English  custom  duties.] 

XVII.  —  MOREOVER,  We  will,  appoint,  and  ordain,  and  by 
these  Presents,  for  US,  our  Heirs  and  Successors,  do  grant 
unto  the  aforesaid  now  Baron  of  BALTIMORE,  his  Heirs 
and  Assigns,  that  the  same  Baron  of  BALTIMORE,  his  Heirs 
and  Assigns,  from  Time  to  Time,  for  ever,  shall  have,  and  en 
joy  the  Taxes  and  Subsidies  payable,  or  arising  within  the 
Ports,  Harbours,  and  other  Creeks  and  Places  aforesaid,  within 
the  PROVINCE  aforesaid,  for  Wares  bought  and  sold,  and  Things 
there  to  be  laden,  or  unladen,  to  be  reasonably  assessed  by 
them  on  emergent  Occasion,  and  the  People  there  as  aforesaid ; 


98  MARYLAND 

to  whom  WE  grant  Power  by  these  Presents,  for  US,  our  Heirs 
and  Successors,  to  assess  and  impose  the  said  Taxes  and  Sub 
sidies  there,  upon  just  Cause,  and  in  due  Proportion. 

XVIII.  —  AND  FURTHERMORE  .  .  .  ,  WE  ...  do  give  .  .  . 
unto  the  aforesaid  now    Baron  of  BALTIMORE,  his  Heirs 
and  Assigns,  full  and  absolute  License,  Power,  and  Authority 
.  .  .  [to]  assign,  alien,  grant,  demise,  or  enfeoff  so  many,  such, 
and  proportionate  Parts  and  Parcels  of  the  Premises,  to  any 
Person  or  Persons  willing  to  purchase  the  same,  as  they  shall 
think  convenient,  to  have  and  to  hold  ...  in  Fee-simple,  or 
Fee-tail,  or  for  Term  of  Life,  Lives,  or  Years ;  to  hold  of  the 
aforesaid  now  Baron  of  BALTIMORE,  his  Heirs  and  Assigns, 
by  ...  such  .  .  .  Services,    Customs   and   Kents   OF   THIS 
KIND,  as  to  the  same  now  Baron  of  BALTIMORE,  his  Heirs 
and  Assigns,  shall  seem  fit  and  agreeable,  and  not  immediately 
of  US  .  .  .   [notwithstanding  the  English  law  Quia  Emptores 
or  other  statutes  to  the  contrary]. 

XIX.  —  WE  also,  ...  do  ...  grant  Licence  to  the  same 
Baron  of  BALTIMORE,  and  to  his  Heirs,  to  erect  any  Parcels 
of  Land  within  the  PROVINCE  aforesaid,  into  Manors,  and  in 
every  of  those  Manors,  to  have  and  to  hold  a  Court-Baron,  and 
all  Things  which   to  a  Court-Baron   do  belong;  and  to  have 
and  to  keep  View  of  Frank- Pledge,  for  the  Conservation  of  the 
Peace  and  better  Government  of  those  Parts,  by  themselves 
and  their  Stewards,  or  by  the  Lords,  for  the  Time  being  to  be 
deputed,  of  other  of  those  Manors  when  they  shall  be  consti 
tuted,  and  in  the  same  to  exercise  all  Things  to  the  View  of 
Frank-Pledge  belonging. 

XX. — And  further  We  will,  and  do  ...  grant  .  .  .  that 
we,  our  heirs  and  successors,  at  no  time  hereafter,  will  impose 
any  impositions,  customs,  or  other  taxations  .  .  .  whatever, 
in  or  upon  the  residents  ...  of  the  province,  for  their  goods, 
lands,  or  tenements  ...  or  in  or  upon  any  goods  or  merchan 
dizes  within  the  province  or  within  the  ports  or  harbors  of  the 
said  province  [this  declaration  to  be  a  sufficient  quittance  to 
all  English  officers]. 


COMMENT   ON  THE  AVALON  CHARTER  OF   1623    99 

XXI.  —  [Maryland  not  to  be  reputed  a  part  of  Virginia  but 
to  be  immediately  dependent  upon  the  crown.] 

XXII.  —  [Baltimore  and  his  heirs  to  be  entitled  to  the  most 
generous  interpretation  of  any  indefinite  clause  in  the  charter] 
"  provided    always   that   no   interpretation    be   made   thereof 
whereby  God's  holy  and  true  Christian  religion,  nor  l^he  alle 
giance  due  to  us  ...  may  in  any  wise  suffer  .  .  .  prejudice 
or  diminution." 

38.   Comment  on  the  Avalon  Charter  of  1623 

With  the  addition  of  two  of  its  sections,  with  the  necessary  changes  of 
names,  and  with  three  or  four  other  slight  modifications,  the  Maryland 
Charter  of  1632  is  an  exact  transcript  of  the  Charter  of  Avalon,  given  in 
1623  by  James  I  to  George  Calvert  (afterward,  the  first  Lord  Baltimore). 
The  Avalon  Charter  has  been  printed,  the  editor  believes,  only  in  Scharf's 
Maryland  (I,  34  ff.). 

The  sections  of  the  two  documents  correspond  up  to  XVIII.  Sections 
XVIII  and  XIX  of  the  Maryland  Charter  (relating  to  subinfeudation  and 
manorial  courts)  are  not  found  in  the  earlier  document.  Sections  XVIII- 
XX  of  the  Avalon  Charter  correspond  to  XX-XXII  of  the  Maryland 
patent. 

Other  changes,  aside  from  names,  etc.,  are  :  , 

1.  —  (Section  IV.)    In  the  granting  of  advowsons  and  other  ecclesiasti 
cal  powers,  there  is  no  reference  in  the  Avalon  Charter  to  the  "  ecclesias 
tical  laws  of  the  kingdom  of  England."     This  phrase  is  added  in  the  Mary 
land  Charter,  since  Baltimore  has  now  (1624)  been  converted  to  Catholi 
cism,  probably  as  a  safeguard. 

2.  —  Baltimore's  tenure  in  Avalon  (§  5)  is  to  be  "  in  Capite,  by  Knight's 
Service'-  [not  so,  but   in  free  socage,  in   Maryland],  "yielding  there 
for  ...  a  white  horse,  so  often  as  we  or  our  successors  shall  come  into  the 
said  region,"  together  with  the  usual  "  fifth  part  of  gold  and  silver  ore." 

3.  —  The  Avalon  Charter  does  not  refer  directly  to  representative  gov 
ernment.     The  authorization  to  Baltimore  to  publish  laws  runs,  —  "  with 
the  advice,  assent,  and  approbation  of  the  Freeholders  of  the  said  Province, 
or  the  greater  part  of  them,"  while  the  Maryland  Charter  says  the  assent 
of  "  the  Free  Men  of  the  said  Province,  or  the  greater  part  of  them,  or 
their  delegates,  or  deputies"  ;  but  the  earlier  like  the  later  charter  leaves 
it  to  the  proprietor  to  assemble  the  people  "in  such  form  as  to  him  shall 
seem  best,"  and  this  probably  looked  to  a  representative  gathering. 


100  MARYLAND 

4. —  (XVII.)  The  Avalon  Charter  does  not  mention  the  participation 
of  the  popular  assembly  in  granting  taxes.  Given  such  an  assembly,  how 
ever,  and  the  renunciation  by  the  English  government  (Section  XVIII) 
of  that  power,  then  the  possession  of  the  power  by  the  Assembly  would 
inevitably  follow.  In  the  Maryland  Charter  it  is  expressed. 

The  Avalon  Charter  then,  is  the  first  royal  patent  to  give  to  settlers  in 
America  political  rights,  in  addition  to  the  private  common-law  privileges. 
It  is  followed  (as  to  sections  VII  and  VIII)  in  exact  detail  by  the  Heath 
Charter  for  Carolina  (1629),  the  Baltimore  Charter  (1632),  and  the 
Plowden  Charter  for  New  Albion  (1634).  1 

Of  the  four  grants  just  mentioned,  that  of  Maryland  in  1632  was  the 
only  one  under  which  a  successful  colony  was  established,  but  the  others 
help  to  show  that  that  document  was  no  prodigy.  The  student  may  like 
to  notice  here  one  of  the  rare  slips  of  Dr.  Channing  (History  of  the  United 
States,  I,  245),  when  he  ascribes  the  likeness  between  the  charters  of  1629, 
1632,  and  1634  to  Sir  Robert  Heath's  influence  in  that  of  1629,  instead  of 
to  the  earlier  Avalon  Charter  of  1623. 

39.  Excursus:  Charters  for  New  Albion  and  Maine 

The  "governing"  clauses  only  are  given, — for  comparison  with  cor 
responding  parts  of  the  Maryland  and  Avalon  grants. 

a.  Grant  of  Charles  I  to  Edmund  Plowden,  Earl  Palatine 
of  Albion,  of  the  Province  of  New  Albion  in  America 

Hazard's  State  Papers  (Washington,  1792),  I,  162  ff.  New  Albion 
was  to  lie  north  of  Maryland.  No  settlement  was  effected. 

.  .  .  And  forasmuch,  as  We  have  above  made  and  ordained  the  before- 
named  Edmund  Plowden,  Knight,  true  lord  and  proprietor  of  all  the 
province  aforesaid.  THEREFORE  further  know  ye,  that  We,  for  Us,  our 
heirs,  and  successours,  to  the  same  Edmund,  (of  whose  fidelity,  prudence, 
justice  and  providence,  and  circumspection  of  mind,  we  have  full  confidence) 
and  to  his  heirs,  for  the  good  and  happy  government  of  the  said  province, 
[grant  power  to  make,  ordain,  and  establish]  whatsoever  laws,  whether 
concerning  the  public  estate  of  the  same  province,  or  the  private  utility 
of  individuals,  according  to  their  wise  discretions,  and  with  the  council, 
approbation,  and  assents  of  the  free  tenants  of  the  same  province,  or  the 

1  Indeed,  until  the  grant  of  "  New  York  "  to  James,  Duke  of  York,  in  1664, 
every  subsequent  royal  patent  to  an  individual  proprietor  contains  such  pro 
vision,  whether  or  not  it  be  an  exact  and  formal  copy  of  the  Avalon  document. 
New  York  was  a  conquered  province  settled  by  Dutch,  —  which  may  explain 
the  omission  there. 


CHARTERS  FOR  NEW  AtBION  AND  MAINE      101 

major  part  of  them  who  shall  be  called  together  by  the  aforesaid  Edmund 
Plowden,  and  his  heirs,  to  make  laws  when,  and  as  often  as  there  shall 
be  occasion,  in  such  form  as  to  him  or  them  shall  seem  best.  .  .  .  And 
because,  in  so  large  a  province  it  may  often  happen,  that  there  will  be 
a  necessity  to  provide  a  remedy  in  a  number  of  cases,  before  the  free 
tenants  of  the  said  province  can  be  assembled  to  make  laws,  nor  will  it 
be  proper  to  delay  in  a  case  of  emergency,  until  so  many  people  can  be 
called  together.  THEREFORE,  for  the  better  government  of  the  said  prov 
ince,  we  will,  and  ordain,  and  by  these  presents,  for  Us,  our  heirs,  and 
successors,  grant  unto  the  before-named  Edmund  Plowden,  and  to  his 
heirs,  that  the  aforesaid  Edmund  Plowden,  and  his  heirs,  by  themselves, 
or  by  magistrates  and  officers  in  that  behalf,  to  be  duly  constituted  as 
aforesaid,  fit  and  wholesome  ordinations  from  time  to  time,  shall  and 
may  be  able  to  make  and  constitute,  to  be  kept  and  preferred  within 
the  province  aforesaid,  as  well  for  keeping  the  peace  as  for  the  better 
government  of  the  people  there  living  or  inhabiting,  and  to  give  public 
notice  of  them  to  all  persons  whom  the  same  doth  or  may  concern  ;  which 
said  ordinations  We  will,  shall  be  inviolably  observed  within  the  said 
province,  under  the  penalties  in  the  same  expressed.  So  that  the  same 
ordinances  be  consonant  to  reason,  and  be  not  repugnant  nor  contrary, 
but  as  much  agreeable  as  may  be  to  the  laws,  statutes,  and  rights  of  our 
kingdoms  of  England  and  Ireland.  And  so  as  that  the  same  ordinances 
do  not  extend  themselves  to  the  right  or  interest  of  any  person  or  persons, 
of,  or  in  free  tenements,  or  the  taking,  distraining,  binding,  or  charging 
any  of  their  goods  or  chatties.  .  .  . 

b.  Grant  of  Charles  I  to  Sir  Ferdinando  Gorges  for  the 
Province  of  Maine,  1639 

Hazard's  State  Papers  (1792),  I,  442-455. 

The  members  of  the  Plymouth  Council  surrendered  the  charter  of  1620 
back  to  the  King  in  1634,  having  first  divided  the  territory  among  them 
selves.  The  King  confirmed  Gorges'  allotment  ("The  Province  of 
Maine")  and  gave  him  the  usual  proprietary  jurisdiction  in  a  lengthy 
charter  (April  3/13,  1639),  from  which  come  the  following  clauses. 

.  .  .  And  wee  doe  for  us,  our  heirs  and  successors,  give  and  graunte 
unto  the  saide  Sir  Ferdinando  Gorges,  his  heirs  and  assignes,  power  and 
authoritie,  with  the  assent  of  the  greater  parte  of  the  freeholders  of  the  said 
Province  and  premisses  for  the  time  being,  when  there  shalbe  any  to  be 
called  therunto  from  time  to  time,  when  and  as  often  as  shall  be  requisite, 
to  make  and  ordeyne  and  publish  lawes,  ordinances  and  constitucons, 
reasonable,  and  not  repugnant  and  contrary,  but  agreable  as  nere  as 


102  MARYLAND 

conveniently  may  bee,  to  the  lawes  of  England,  for  the  publique  good  of 
the  said  Province  and  premisses,  and  of  the  inhabitants  thereof,  by  im 
posing  of  penalties,  imprisonment  or  other  corections,  or,  if  the  offence 
shall  requier,  by  taking  away  of  life  or  member  ;  the  said  lawes  and  con- 
stitucons  to  extend  aswell  to  such  as  shalbe  passing  unto  or  returning 
from  the  said  Province  or  premisses  as  unto  the  inhabitants  or  residents 
of  or  within  the  same,  and  the  same  to  be  put  into  execucon  by  the  said 
Sir  Ferdinando  Georges,  his  heirs  or  assignes,  or  by  his  or  there  depputies, 
lif tenants,  judges,  officers  or  ministers  in  that  behalf e,  lawfully  authorized; 
and  the  same  lawes  ordinances  and  constitucons,  or  any  of  them,  to  alter, 
change,  and  revoke,  or  to  make  voide  and  to  make  new,  not  repugnant 
nor  contrary,  but  agreable  as  nere  as  may  bee,  to  the  lawes  of  England, 
as  the  said  Sir  Ferdinando  Georges  his  heires  and  assignes,  together 
with  the  said  freeholders,  or  the  greater  part  of  them  for  the  time  being, 
shall  from  time  to  time  thinke  fitt  and  convenient :  . 


40.    The  Maryland  Toleration  Act  of  1649 

Maryland  Archives,  I,  244  ff. 

For  explanation,  cf.  American  History  and  Government,  §  43. 

.  .  .  Forasmuch  as  iii  a  well  governed  and  Christian  Common 
Wealth,  matters  concerning  Religion  and  the  honor  of  God 
ought  in  the  first  place  to  bee  taken  into  serious  consedera- 
cion  ...  Be  it  therefore  ordered  and  enacted  by  the  Right 
Honorable  Cecilius  Lord  Baron  of  Baltemore,  absolute  Lord  and 
Proprietary  of  this  Province,  with  the  advise  and  consent 
of  this  Generall  Assembly  :  That  whatsoever  person  or  persons 
within  this  Province  and  the  Islands  thereunto  belonging 
shall  from  henceforth  blaspheme  God,  —  that  is,  Curse  him, — 
or  deny  our  Saviour  Jesus  Christ  to  bee  the  sonne  of  God,  or 
shall  deny  the  holy  Trinity,  the  ffather  sonne  and  holy  Ghost, 
or  the  Godhead  of  any  of  the  said  Three  persons  of  the  Trinity, 
or  the  Unity  of  the  Godhead,  or  shall  use  .  .  .  any  reproachfull 
Speeches,  .  .  .  concerning  the  said  Holy  Trinity,  or  any  of 
the  three  persons  thereof,  shall  be  punished  with  death  and  con 
fiscation  of  all  his  or  her  lands  and  goods  .  .  .  And  be  it  also 
Enacted  .  .  .  That  whatsoever  person  or  persons  shall  from 
henceforth  use  .  .  .  any  reproaching  words  or  speeches  concern- 


THE   MARYLAND  TOLERATION  ACT   OF   1649     103 

ing  the  blessed  Virgin  Mary,  the  Mother  of  our  Saviour,  or  the 
Holy  Apostles  or  Evangelists  .  .  .  shall  in  such  case  for  the 
first  offence  forfeit  .  .  .  the  summe  of  ffive  pound  sterling  .  .  . 
but  in  case  such  Offender  or  Offenders  shall  not  then  have 
goods  and  chattells  sufficient  for  the  satisfyeing  of  such  for 
feiture,  or  that  the  same  bee  not  otherwise  speedily  satisfyed, 
that  then  such  Offender  or  Offenders  shalbe  publiquely  whipt 
and  bee  ymprisoned  during  the  pleasure  of  the  Lord  Proprie 
tary  or  ...  chiefe  Governor  of  this  Province  for  the  time 
being.  And  that  every  such  Offender  or  Offenders  for  every 
second  offence  shall  forfeit  tenne  pound  sterling  or  the  value 
thereof  to  bee  levyed  as  aforesaid,  or  in  case  such  offender  or 
Offenders  shall  not  then  have  goods  and  chattells  within  this 
Province  sufficient  for  that  purpose  then  to  bee  publiquely  and 
severely  whipt  and  imprisoned  as  before  is  expressed.  And  that 
every  person  or  persons  before  mentioned  offending  herein  the 
third  time,  shall  for  such  third  Offence  forfeit  all  his  lands 
and  Goods  and  bee  for  ever  banished  and  expelled  out  of  this 
Province.  And  be  it  also  further  Enacted  .  .  .  that  whatso 
ever  person  or  persons  shall  from  henceforth  uppon  any  oc 
casion  of  Offence  or  otherwise  in  a  reproachful  manner  or  Way 
declare  call  or  denominate  any  person  or  persons  whatsoever 
...  an  heritick,  Scismatick,  Idolater,  puritan,  Independant, 
Prespiterian,  popish  prest,  Jesuite,  Jesuited  papist,  Lutheran, 
Calvenist,  Anabaptist,  Brownist,  Antinomian,  Barrowist,  Round 
head,  Seperatist,  or  any  other  name  or  terrne  in  a  reproachfull 
manner  relating  to  matter  of  Religion  shall  for  every  such 
Offence  forfeit  and  loose  the  some  or  [of]  tenne  shillings  ster 
ling  or  the  value  thereof,  to  bee  levyed  on  the  goods  and  chattells 
of  every  such  Offender  and  Offenders,  the  one  half  thereof  to  be 
forfeited  and  paid  unto  the  person  and  persons  of  whom  such 
reproachfull  words  are  or  shalbe  spoken  or  uttered,  and  the  other 
half  thereof  to  the  Lord  Proprietary  and  his  heires  Lords  and 
Proprietaries  of  this  Province.  But  if  such  person  or  persons 
who  shall  at  any  time  utter  or  speake  any  such  reproachfull 
words  or  Language  shall  not  have  Goods  or  Chattells  sufficient 


104  MARYLAND 

and  overt  within  this  Province  to  bee  taken  to  satisfie  the  pen 
alty  aforesaid,  or  that  the  same  bee  not  otherwise  speedily  sat- 
isfyed,  that  then  the  person  or  persons  soe  offending  shalbe 
publickly  whipt,  and  shall  suffer  imprisomnt  without  baile  or 
maineprise  untill  hee,  shee,  or  they  respectively  shall  satisfy 
the  party  soe  offended  or  grieved  by  such  reproachfull  Lan 
guage  by  asking  him  or  her  respectively  forgivenes  publiquely 
for  such  his  Offence  before  the  Magistrate  or  cheife  Officer  or 
Officers  of  the  towne  or  place  where  such  Offence  shalbe  given. 
And  be  it  further  likewise  Enacted  .  .  .  That  every  person  and 
persons  within  this  Province  that  shall  at  any  time  hereafter 
prophane  the  Sabbath  or  Lords  day,  called  Sunday,  by  frequent 
swearing,  drunkennes,  or  by  any  uncivill  or  disorderly  recreacon, 
or  by  working  on  that  day  when  absolute  necessity  doth  not 
require  it,  shall  for  every  such  first  offence  forfeit  2^  6d  sterling 
or  the  value  thereof,  and  for  the  second  offence  5s  sterling  or 
the  value  thereof,  and  for  the  third  offence  and  soe  for  every 
time  he  shall  offend  in  like  manner  afterwards,  lOf  sterling 
or  the  value  thereof.  And  in  case  such  offender  and  offenders 
shall  not  have  sufficient  goods  or  chattells  within  this  Province 
to  satisfy  any  of  the  said  Penalties  reecsptively  hereby  imposed 
.  .  .  That  in  Every  such  case  the  partie  soe  offending  shall  for 
the  first  and  second  offence  in  that  kinde  be  imprisoned  till  hee 
or  shee  shall  publickly  in  open  Court  before  the  cheife  Com 
mander  Judge  or  Magistrate  of  that  County  Towne  or  precinct 
where  such  offence  shalbe  committed  acknowledg  the  Scandall 
and  offence  he  hath  in  that  respect  given  against  God  and  the 
good  and  civill  Governmt  of  this  Province ;  And  for  the  third 
offence  and  for  every  time  after,  shall  also  bee  publickly  whipt. 
And  whereas  the  inforceing  of  the  conscience  in  matters  of  Re 
ligion  hath  frequently  fallen  out  to  be  of  dangerous  Consequence 
in  those  commonwealthes  where  it  hath  been  practised,  And  for  the 
more  quiett  and  peaceable  governmt  of  this  Province,  and  the  bet 
ter  to  preserve  mutuo.ll  Love  and  amity  amongst  the  Inhabitants 
thereof.  Be  it  Therefore  also  by  the  Lord  Proprietary  with  the 
advise  and  consent  of  this  Assembly  Ordeyned  and  enacted  (except 


THE   MARYLAND   TOLERATION  ACT  OF   1649     105 

as  in  this  present  Act  is  before  Declared  and  sett  forth)  that  noe 
jierson  or  persons  ichatsoever  within  this  Province,  or  the  Islands, 
Parts,  Harbors,  Creekes,  or  havens  thereunto  belonging,  professing 
to  beleive  in  Jesus  Christ,  shall  from  henceforth  bee  any  ivaies 
troubled,  Molested  or  discountenanced  for  or  in  respect  of  his  or 
her  religion  nor  in  the  free  exercise  thereof  within  this  Province 
or  the  Islands  thereunto  belonging  nor  any  way  compelled  to  the 
beleife  or  exercise  of  any  other  Religion  against  his  or  her  consent, 
soe  as  they  be  not  unfaithfull  to  the  Lord  Proprietary,  or  molest 
or  conspire  against  the  civill  Government  established  or  to  bee  estab 
lished  in  this  Province  under  him  on  his  heires.  And  that  all 
and  every  person  and  persons  that  shall  presume  Contrary  to 
this  Act  and  the  true  intent  and  meaning  thereof  directly  or 
indirectly  either  in  person  or  estate  wilfully  to  wrong  disturbe 
trouble  or  molest  any  person  whatsoever  within  this  Province 
professing  to  beleive  in  Jesus  Christ  for  or  in  respect  of  his  or 
her  religion,  or  the  free  exercise  thereof,  within  this  Province 
.  .  .  that  such  person  or  persons  soe  offending  shall  be  com 
pelled  to  pay  trebble  damages  to  the  party  soe  wronged  .  .  . 
and  for  every  such  offence  shall  also  forfeit  20  s.  sterling  .  .  . 
[or,  in  default  of  payment,  shall  make  satisfaction  by  public 
whipping,  and  imprisonment  during  the  pleasure  of  the 
Governor].  .  .  . 


B.    NEW   ENGLAND   TO   1660 
VIII.     AN   EARLY   EXPLORATION   IN   MAINE 

41.  Weymouth's  Voyage,  1605 

From  A  True  Relation  of  Captain  George  Waymouth,  His  Voyage 
(1605),  reprinted  in  Massachusetts  Historical  Society  Collections,  Vol. 
VIII.  Weymouth's  voyage  was  a  precursor  of  the  attempt  at  settlement 
on  the  Kennebec  in  1607  by  one  branch  of  the  Virginia  Company. 

Upon  Tuesday,  the  5th  day  of  March,  about  ten  o'clock  be 
fore  noon,  we  set  sail  from  Ratcliffe,  and  came  to  an  anchor 
that  tide  about  two  o'clock  before  Gravesend.  .  .  . 

Friday,  the  17th  of  May,  about  six  o'clock  at  night,  we  de 
scried  the  land.  ...  It  appeared  a  mean  high  land,  as  we 
after  found  it,  being  an  island  of  some  six  miles  in  compass, 
but  I  hope  the  most  fortunate  ever  yet  discovered.  .  .  . 

This  island  is  woody  grown  with  fir,  birch,  oak  and  beech, 
as  far  as  we  saw  along  the  shore ;  and  so  likely  to  be  within. 
On  the  verge  grow  gooseberries,  strawberries,  wild  pease,  and 
wild  rose  bushes.  The  water  issued  forth  down  the  rocky 
cliffe  in  many  places :  and  much  fowl  of  divers  kinds  breed 
upon  the  shore  and  rocks. 

While  we  were  at  shore,  our  men  aboard,  with  a  few  hooks, 
got  above  thirty  great  cods  and  haddocks,  which  gave  us  a 
taste  of  the  great  plenty  of  fish  which  we  found  afterward 
wheresoever  we  went  upon  the  coast.  From  hence  we  might 
discern  the  main  land  from  the  west-south-west  to  the  east- 
north-east;  and  a  great  way  (as  it  then  seemed,  and  we  after 
found  it,)  up  into  the  main  we  might  discern  very  high  moun 
tains,  though  the  main  seemed  but  low  land ;  .  .  . 

The  profits  and  fruits  which  are  naturally  on  these  islands 
are  these : 

All  along  the  shore,  and  some  space  within,  where  the  wood 
hindereth  not,  grow  plentifully,  raspberries,  gooseberries, 
strawberries,  roses,  currants,  wild  vines,  angelica. 

106 


WEYMOUTH'S  VOYAGE,   1605  107 

Within  the  islands  grow  wood  of  sundry  sorts,  some  very 
great,  and  all  tall,  as  birch,  beech,  ash,  maple,  spruce,  cherry 
tree,  yew,  oak,  very  great  and  good,  fir  tree,  out  of  which 
issueth  turpentine  in  so  marvellous  plenty,  and  so  sweet  as 
our  chirurgeon  and  others  affirmed  they  never  saw  so  good  in 
England.  We  pulled  off  much  gum,  congealed  on  the  outside 
of  the  bark,  which  smelled  like  frankincense.  This  would  be 
a  great  benefit  for  making  tar  and  pitch. 

We  staid  the  longer  in  this  place,  not  only  because  of  our 
good  harbor  (which  is  an  excellent  comfort,)  but  because  every 
day  we  did  more  and  more  discover  the  pleasant  fruitfulness ; 
insomuch  as  many  of  our  company  wished  themselves  settled 
here,  not  expecting  any  further  hopes,  or  better  discovery  to 
be  made. 

Here  our  men  found  abundance  of  great  muscles  among  the 
rocks;  and  in  some  of  them  many  small  pearls:  and  in  one 
muscle  (which  we  drew  up  in  our  net)  was  found  fourteen 
pearls,  whereof  one  of  pretty  bigness  and  orient ;  in  another 
above  fifty  small  pearls :  and  if  we  had  had  a  drag,  no  doubt 
we  had  found  some  of  great  value,  seeing  these  did  certainly 
shew  that  here  they  were  bred;  the  shells  all  glittering  with 
mother  of  pearl.  .  .  . 

Our  captain  had  in  this  small  time  discovered  up  a  great 
river,  trending  alongst  into  the  main  about  forty  miles.  The 
pleasantness  whereof,  with  the  safety  of  harbor  for  shipping, 
together  with  the  fertility  of  ground  and  other  fruits,  which 
were  generally  by  his  whole  company  related,  I  omit  till  I  re 
port  of  the  whole  discovery  thereinafter  performed.  .  .  . 

The  next  day  being  Saturday  and  the  first  of  June,  I  traded 
with  the  savages  all  the  forenoon  upon  the  shore,  where  were 
eight-and-twenty  of  them  ;  and  because  our  ship  rode  nigh,  we 
were  but  five  or  six;  where  for  knives,  glasses,  combs,  and 
other  trifles  to  the  value  of  four  or  five  shillings,  we  had  forty 
good  beavers'  skins,  otters'  skins,  sables,  and  other  small  skins, 
which  we  knew  not  how  to  call  .  .  .  Here  are  more  good  har 
bors  for  ships  of  all  burthens,  than  England  can  afford,  and 


108  AN  EARLY  EXPLORATION   IN  MAINE 

far  more  secure  from  all  winds  and  weathers,  than  any  in 
England,  Scotland,  France,  or  Spain.  .  .  . 

As  we  passed  with  a  gentle  wind  up  with  our  ship  in  this 
river,  any  man  may  conceive  with  what  admiration  we  all  con 
sented  in  joy.  Many  of  our  company  who  had  been,travellers 
in  sundry  countries,  and  in  most  famous  rivers,  yet  affirmed 
them  not  comparable  to  this  they  now  beheld.  Some  that 
were  with  Sir  Walter  Raleigh  in  his  voyage  to  Guiana,  in  the 
discovery  of  the  river  Orenoque,  which  echoed  fame  to  the 
world's  ears,  gave  reasons  why  it  was  not  to  be  compared  with 
this,  which  wanteth  the  dangers  of  many  shoals,  and  broken 
ground,  wherewith  that  was  incumbered.  Others  before  that 
notable  river  in  the  West  Indies  called  Rio  Grande ;  some  be 
fore  the  river  of  Loire,  the  river  Seine,  and  of  Bourdeaux  in 
France ;  which  although  they  be  great  and  goodly  rivers,  yet  it 
is  no  detraction  from  them  to  be  accounted  inferior  to  this, 
which  not  only  yieldeth  all  the  foresaid  pleasant  profits,  but 
also  appeared  infallibly  to  us  free  from  all  inconveniences. 

I  will  not  prefer  it  before  our  river  of  Thames,  because  it  is 
England's  richest  treasure :  .  .  . 

The  excellency  of  this  part  of  the  river,  for  his  good  breadth, 
depth,  and  fertile  bordering  ground,  did  so  ravish  us  all  with 
variety  of  pleasantness,  as  we  could  not  tell  what  to  commend, 
but  only  admired ;  some  compared  it  to  the  river  Severn,  (but 
in  a  higher  degree)  and  we  all  concluded  (as  I  verily  think  we 
might  right)  that  we  should  never  see  the  like  river  in  every 
degree  equal,  until  it  pleased  God  we  beheld  the  same 
again.  .  .  . 

The  temperature  of  the  climate  (albeit  a  very  important 
matter)  I  had  almost  passed  without  mentioning,  because  it 
afforded  to  us  no  great  alteration  from  our  disposition  in 
England ;  somewhat  hotter  up  into  the  main,  because  it  lieth 
open  to  the  south ;  the  air  so  wholesome,  as  I  suppose  not  any 
of  us  found  ourselves  at  any  time  more  healthful,  more  able  to 
labor,  nor  with  better  stomachs  to  such  good  fare  as  we  partly 
brought  and  partly  found  .  .  . 


IX.     THE   FIRST   SOURCE   OF    LAND   TITLES   IN 
NEW   ENGLAND 

42.  Charter  of  the  Plymouth  Council 

[Often  called  The  Council  for  New  England] 

November  3/12,  1629 

/  Hazard's  State  Papers  (Washington,  1792),  I,  103-118. 

The  "  Second  Colony  "  of  the  Charter  of  1606  (No.  16  above)  sent  out 
an  expedition  to  the  coast  of  Maine  in  1607.  This  failed  ;  and  the  Com 
pany  made  no  further  efforts  until  1620,  save  for  the  vain  attempt  of  Sir 
Ferdinando  Gorges,  one  of  the  leading  members.  In  March  of  1619/20, 
Gorges  and  other  members  petitioned  for  a  reorganization  of  the  Company, 
and  this  prayer  was  granted  by  the  King  in  this  charter.  This  document 
stands  to  the  "  Second  Colony  "  of  1606  (the  Plymouth  branch)  as  do  the 
charters  of  1609  and  1612  to  the  "First  Colony"  (the  London  branch). 

[The  charter  begins  by  reciting  the  grant  of  the  Virginia 
Charter  of  1606,  the  grant  of  1609  to  one  branch  of  the  original 
Company,  and  the  petition  of  Gorges  and  others  of  the  Plymouth 
branch  for  a  similar  enlargement  and  for  a  monopoly  of  the 
northern  fisheries.] 

And  also  for  that  We  have  been  further  given  certainly  to 
knowe,  that  within  these  late  Yeares  there  hath  by  God's 
Visitation  raigned  a  wonderfull  Plague,  together  with  many 
horrible  Slaughters,  and  Murthers,  committed  amoungst  the 
Savages  and  bruitish  People  there  heertofore  inhabiting,  in  a 
Manner  to  the  utter  Destruction,  Devastacion,  and  Depopulacion 
of  that  whole  Territorye  .  .  .  whereby  We  in  our  Judgment  are 
persuaded  and  satisfied  that  the  appointed  Time  is  come  in 
which  Almighty  God  in  his  great  Goodness  and  Bountie 
towards  Us  and  our  People,  hath  thought  fitt  and  determined 
that  those  large  and  goodly  Territoryes,  deserted  as  it  were  by 
their  naturall  inhabitants,  should  be  possessed  and  enjoyed  by 
such  of  our  Subjects  and  People  as  heertofore  have  and  here- 

109 


110     SOURCE  OF  LAND  TITLES  IN  NEW  ENGLAND 

after  shall  by  his  Mercie  and  Favour,  and  by  his  Powerful! 
Arme,  be  directed  and  conducted  thither.  In  Contemplacion  and 
serious  Consideration  whereof,  Wee  have  thougt  it'fitt  according 
to  our  Kingly  Duty,  soe  much  as  in  Us  lyeth,  to  second  and 
followe  God's  sacred  Will,  rendering  reverend  Thanks  to  his 
Divine  Majestic  for  his  gracius  favour  in  laying  open  and  re 
vealing  the  same  unto  us  before  any  other  Christian  Prince  or 
State,  by  which  Meanes  without  Offence,  .  .  .  Wee  therefore  .  .  . 
Do  ...  grant  .  .  .  that  all  that  Circuit,  Continent,  Precincts, 
and  Limitts  in  America,  lying  and  being  in  Breadth  from  Fourty 
Degrees  of  Northerly  Latitude,  from  the  Equinoticall  Line,  to 
Fourty-eight  Degrees  of  the  said  Northerly  Latitude,  and  in 
Length  by  all  the  Breadth  aforesaid  throughout  the  Maine  Land, 
from  Sea  to  Sea,  .  .  .  shall  be  the  Limitts  ...  of  the  second 
Collony  :  And  to  the  End  that  the  said  Territoryes  may  forever 
hereafter  be  more  particularly  and  certainly  known  and  dis 
tinguished,  our  Will  and  Pleasure  is,  that  the  same  shall  from 
henceforth  be  nominated,  termed,  and  called  by  the  Name  of 
New-England,  in  America.  .  .  .  And  for  the  better  Plantacion, 
ruling,  and  governing  of  the  aforesaid  New-England  in  Amer 
ica,  We  .  .  .  ordaine  .  .  .  that  from  henceforth,  there  shall 
be  ...  in  our  Towne  of  Plymouth,  in  the  County  of  Devon, 
one  Body  politicque  and  corporate,  which  shall  have  perpetuall 
Succession,  which  shall  consist  of  the  Number  of  fourtie 
Persons,  and  no  more,  which  shall  be,  and  shall  be  called  and 
knowne  by  the  Name  of  the  Council  established  at  Plymouth,  in 
the  County  of  Devon,  for  the  planting,  ruling,  ordering,  and 
governing  of  New-England,  in  America;  [The  names  of  the 
Council.  They  have  power  to  fill  vacancies  in  their  member 
ship,  and  the  usual  rights  of  a  corporation  ;  they  are  to  choose  a 
"  President,"  etc. ;  and  to  control  trade  with  New  England  and 
the  ownership  of  land.] 

And  further  .  .  .  Wee  .  .  .  grant  full  Power  and  Authority 
to  the  said  Councill  .  .  .  [to]  nominate,  make,  constitute,  or 
daine,  and  confirme  by  such  Name  or  Names,  Style  or  Styles,  as 
to  them  shall  seeme  Good ;  and  likewise  to  revoke,  discharge, 


CHARTER  OF  THE  PLYMOUTH  COUNCIL   111 

change,  and  alter,  as  well  all  and  singular,  Governors,  Officers, 
and  Ministers,  which  hereafter  shall  be  by  them  thought  fitt 
and  needful  to  be  made  or  used,  as  well  to  attend  the  Business 
of  the  said  Company  here,  as  for  the  Government  of  the  said 
Collony  and  Plantation,  and  also  to  make  ...  all  Manner  of 
Orders,  Laws,  Directions,  Instructions,  Forms,  and  Ceremonies 
of  Government  and  Magistracy  fitt  and  necessary  for  any  con 
cerning  the  Government  of  the  said  Collony  and  Plantation, 
so  always  as  the  same  be  not  contrary  to  the  Laws  and  Stat 
utes  of  this  our  Realme  of  England ;  and  the  same  att  all  Times 
hereafter  to  abrogate,  revoke,  or  change,  not  only  within  the 
Precincts  of  the  said  Collony,  but  also  upon  the  Seas  in  going 
and  coming  to  and  from  the  said  Collony,  as  they  in  their  good 
Discretions  shall  thinke  to  be  fittest  for  the  good  of  the 
Adventurers  and  Inhabitants  there. 

[Clauses  similar  to  those  in  the  London  Company's  charter 
of  1609  regarding  martial  law ;  the  forfeiture  of  goods  fraudu 
lently  transported  to  a  foreign  country ;  landholding  by  free 
socage,  etc. ;  the  right  "  to  take,  load,  carry,  and  transport  .  .  . 
out  of  our  Realmes  to  New  England  all  such  ...  of  our  loveing 
Subjects  ...  as  shall  willingly  accompany  them  "  ;  exemption 
from  duties  on  goods  exported  from  England  for  seven  years ; 
and  from  all  taxes  for  twenty-one  years,  except  the  five  per 
cent  customs  duty  for  imports  to  be  reexported ;  right  to  dis 
pose  of  lands.] 

And  Wee  do  also  .  .  .  grant  to  the  said  Councell  .  .  .  that 
they  .  .  .  shall,  and  lawfully  may,  .  .  .  for  their  .  .  .  Defence 
and  Safety,  encounter,  expulse,  repel,  and  resist  by  Force 
of  Arms,  as  well  by  Sea  as  by  Land,  and  all  Ways  and 
Meanes  whatsoever,  all  such  .  .  .  Persons,  as  without  the 
speciall  Licence  of  the  said  Councell  .  .  .  shall  attempt  to  in- 
habitt  within  the  said  severall  Precincts  and  Limitts  of  the 
said  Collony  and  Plantation.  And  also  all  ...  such  .  .  . 
Persons  ...  as  shall  enterprize  or  attempt  att  any  time  here 
after  Destruction,  Invasion,  Detriment,  or  Annoyance  to  the 
said  Collony  and  Plantation. 


112     SOURCE   OF  LAND   TITLES   IN  NEW  ENGLAND 

[A  like  provision  for  use  of  force  to  prevent  traders  visiting 
the  territory  without  the  "  License  and  consent  of  the  said 
Councill  .  .  .  first  had  and  obtained  in  Writing."  Authority 
for  two  of  the  Council  to  administer  the  oaths  of  allegiance  and 
supremacy  (as  in  the  charter  of  1612) ;  a  long  passage  giving 
the  Councill  extraordinary  jurisdiction  as  a  safeguard  against 
its  being  defrauded  or  libeled  (as  in  the  charter  of  1612) ; 
English  subjects  settling  in  the  colony  and  their  descendants 
there  to  have  all  the  rights  of  Englishmen.  None  to  be  per 
mitted  to  go  to  New  England  except  such  as  first  take  the  oath 
of  supremacy,  —  this  provision  intended  to  exclude  Catholics 
(wording  taken  from  the  charter  of  1609 ;  not  found  in  1612)  ; 
etc.  etc.  etc.  —  Privileges  granted  in  1606,  and  not  altered  in 
this  charter,  are  confirmed.] 


X.     PLYMOUTH   PLANTATION 

43.   Delays  in  securing  the  Wincob  Charter 
Robert  Cushman  to  Pastor  Robinson,  May  8/ 18,  1619 

Bradford's  Plymouth  Plantation  (Original  Narratives  edition),  58,  59. 

Cushman  was  the  agent  of  the  Pilgrims,  sent  from  Holland  to  secure 
a  charter  from  the  London  Company  for  some  district  in  "  Northern 
Virginia."  The  negotiations  had  been  going  on  more  than  a  year  when 
this  letter  was  written. 

.  .  .  The  maine  hinderance  of  our  proseedings  in  the  Vir 
ginia  bussines  is  the  dissentions  and  factions  as  they  terme 
it  among  the  Counsell  and  Company  of  Virginia ;  which  are 
such  as  that  ever  since  we  came  up  no  busines  could  by 
them  be  dispatched.  The  occasion  of  this  trouble  amongst 
them  is,  for  that  a  while  since  Sir  Thomas  Smith,  repining 
at  his  many  offices  and  troubls,  wished  the  Company  of  Vir 
ginia  to  ease  him  of  his  office.  .  .  .  Wereupon  the  Company 
tooke  occasion  to  dismisse  him  and  choose  Sir  Edwin  Sands 
Treasurer  and  Goverr  of  the  Company.  He  having  60  voyces, 
Sir  John  Worstenholme  16  voices,  and  Alderman  Johnson 
24.1  But  Sir  Thomas  Smith  when  he  saw  some  parte  of 
his  honour  lost,  was  very  angrie,  and  raised  a  faction  to 
cavill  and  contend  aboute  the  election,  and  sought  to  taxe  Sir 
Edwin  with  many  things  that  might  both  disgrace  him, 
and  allso  put  him  by  his  office  of  Governour.  In  which 
contentions  they  yet  stick  and  are  not  fit  nor  readie  to  inter- 
medle  in  any  bussines;  and  what  issue  things  will  come  to 
we  are  not  yet  certaine.  It  is  most  like  Sir  Edwin  will  carrie 

lrlhe  correct  vote,  according  to  the  Company's  Records  (I,  212),  is  59,  23, 
and  18  (No.  28  below).  This,  of  course,  was  the  election  in  April,  1619,  by 
which  the  Liberals  came  into  power.  Cf.  American  History  and  Government, 
§§  27,  49  and  note. 

113 


114  PLYMOUTH   PLANTATION 

it,  and  if  he  doe,  things  will  goe  well l  in  Virginia,  if  otherwise, 
they  will  goe  ill  enough  allways.  We  hope  in  some  2  or  3 
Court  days  things  will  settle.1 

44.  Agreement  between  the  Pilgrims  in  Holland  and  the  Merchant 

Adventurers  in  London 

July  1/11,  1620 

Bradford's  Plymouth  Plantation  ("Original  Narratives  edition),  66,  67. 
The  following  "articles"  outline  the  business  partnership  by  which 
the  Pilgrims  secured  funds  to  come  to  America. 

1. — The  adventurers  and  planters  doe  agree  that  every 
person  that  goeth,  being  aged  16  years  and  upward,  be  rated  at 
10  £,  and  ten  pounds  to  be  accounted  a  single  share. 

2.  — That  he  that  goeth  in  person,  and  furnisheth  him  selfe 
out  with  10  £  either   in  money   or  other  provissions,  be   ac 
counted  as  having  20  &  in  stock,  and  in  the  devission  shall 
receive  a  double  share. 

3.  —  The  persons  transported  and  the  adventurers  shall  con 
tinue  their  joynt  stock  and  partnership  togeather  the  space  of  7 
years  (excepte  some  unexpected  impedimente  doe  cause  the 
whole   company  to  agree  otherwise),   during   which  time   all 
profits  and  benefits  that  are  gott  by  trade,  traffick,  trucking, 
working,  fishing,  or  any  other  means  of  any  person  or  persons, 
remaine  still  in  the  commone  stock  untill  the  division. 

4.  —  That  at  their  comming  ther,  they  chose   out   such   a 
number  of  fitt  persons,  as  may  furnish  their  ships  and  boats 
for  fishing  upon  the  sea ;  imploying  the  rest  in  their  severall 
faculties   upon   the   land;    as   building    houses,   tilling,    and 

1  Things  did  "settle"  rapidly.  Bradford's  narrative  continues:  "  But  at 
last  after  all  these  things  and  their  long  attendance,  they  had  a  Patent  granted 
them  and  confirmed  under  the  Companies  scale  [June  9/19,  according  to 
Records  of  the  Virginia  Company  for  May  26  and  June  9,  1619].  ...  By  the 
advice  of  some  of  their  friends,  this  pattente  was  not  taken  in  the  name  of 
any  of  their  owne,  but  in  the  name  of  Rev.  John  Wincob  (a  religious  gentle 
man  then  belonging  to  the  Countess  of  Lincoline),  who  intended  to  goe 
with  them.  But  God  so  disposed  as  he  never  went,  nor  they  ever  made  use 
of  this  patente,  which  had  cost  them  so  much  labour  and  charge.  ..." 


BARGAIN   WITH   LONDON   PARTNERS          115 

planting  the  ground,  and  makeing  shuch  commodities  as  shall 
be  most  usefull  for  the  collonie. 

5.  —  That  at  the  end  of  the  7  years,  the  capitall  and  profits, 
—  viz.  the  houses,  lands,  goods  and  chatles,  — be  equally  devided 
betwixte   the   adventurers   and  planters ;   which  done,   every 
man  shall  be  free  from  other  of  them  of  any  debt  or  detrimente 
concerning  this  adventure. 

6.  —  Whosoever  cometh  to  the  colonie  herafter,  or  putteth 
any  into  the  stock,  shall  at  the  ende  of  the  7  years  be  alowed 
proportionably  to  the  time  of  his  so  doing. 

7.  —  He  that  shall  carie  his  wife  and  children,  or  servants, 
shall  be  alowed  for  everie  person  now  aged  16  years  and  up 
ward,  a  single  share  in  the  devision,  or  if   he   provid   them 
necessaries,  a  duble  share,  or  if  they  be  between  10  year  old 
and  16,  then  2  of  them  to  be  reconed  for  a  person,  both  in 
transportation  and  devision. 

8.  —  That  such  children  as  now  goe,  and  are  under  the  age 
of  ten  years,  have  noe  other  shar  in  the  devision  but  50  acers 
of  unmanured  land. 

9.  —  That  such  persons  as  die  before  the  7  years  be  expired, 
their  executors  to  have  their  parte  or  sharr   at  the  devison, 
proportionably  to  the  time  of  their  life  in  the  collonie. 

10.  —  That  all  such  persons  as  are  of  this  collonie,  are  to 
have  their  meate,  drink,  apparell,  and  all  provissions  out  of 
the  common  stock  and  goods  of  the  said  collonie. 

[Bradford  adds  :  "The  cheefe  and  principall  differences  between  these 
and  the  former  conditions  [i.e.  articles  proposed  at  first  by  the  Pilgrims] 
stood  in  these  2  points ;  that  the  houses  and  lands  improved,  espetialy 
gardens  and  home  lotts,  should  remain  undevided  wholly  to  the  planters 
at  the  7  years  end  [i.e.  not  go  into  the  common  stock  of  the  partnership] 
21y,  that  they  should  have  had  2  days  in  a  weeke  for  their  own  private 
irnploymente." 

These  points  are  made  in  a  letter  of  John  Robinson,  the  Pilgrim 
pastor,  to  John  Carver,  the  agent  in  England,  dated  July  14,  1620  (Brad 
ford,  69,  70). 

"Aboute  the  conditions  ...  let  this  spetially  be  borne  in  minde  ; 
that  the  greatest  parte  of  the  collonie  is  like  to  be  imployed  constantly, 


116  PLYMOUTH  PLANTATION 

not  upon  dressing  ther  perticuler  [individual]  land,  and  building  houses, 
but  upon  fishing,  trading,  etc.  So  as  the  land  and  house  will  be  but  a 
trifell  for  advantage  to  the  adventurers  [London  capitalists]  ;  and  yet  the 
devission  of  it  a  great  discouragemente  to  the  planters  [colonists],  who 
would  with  singuler  care  make  it  comfortable  with  borowed  houres  from 
their  sleep." 

For  the  fallacy  in  this  view,  cf .  American  History  and  Government, 
§§49,52.] 

45.  From  the  Farewell  Letter  of  John  Robinson 

Bradford's  Plymouth  Plantation  (Original  Narratives  edition),  84-86. 

Robinson  was  the  pastor  of  the  Separatist  congregation  at  Leyden. 
This  letter  was  written  to  that  part  of  the  congregation  which  had  just 
embarked  for  America,  soon  to  found  Plymouth  colony.  It  is  not  dated. 
Bradford  gives  the  full  text.  This  extract  shows  that  the  charter  which 
the  Pilgrims  had  secured  from  the  London  Company,  but  which  they 
were  never  to  use  (No.  43  note,  and  American  History  and  Government, 
§  51  note),  had  guaranteed  them  a  large  measure  of  self-government. 
The  letter  would  fill  some  five  pages  of  this  book. 

.  .  .  Lastly,  whereas  you  are  become  a  body  politik,  using 
amongst  yourselves  civill  governmente,  and  are  not  furnished 
with  any  persons  of  spetiall  eminence  above  the  rest,  to  be 
chosen  by  you  into  office,  let  your  wisdome  and  godlines  ap 
pear,  not  only  in  chusing  shuch  persons  as  do  entirely  love  and 
will  promote  the  commone  good,  but  also  in  yeelding  unto 
them  all  due  honour  and  obedience  .  .  .  and  this  dutie  you 
may  the  more  willingly  .  .  .  performe,  because  you  are  at 
least  for  the  present  to  have  onely  them  for  your  ordinarie 
governours  which  your  selves  shall  make  choyse  of  for  that 

worke. 

46.    The  Mayflower  Compact 

November  11/21,  1620 

Bradford's  Plymouth  Plantation  (Original  Narratives  edition),  107. 
The  original  document  is  lost.  Bradford  gives  no  signatures.  How 
ever,  another  copy,  in  Mourt's  Relation,  has  the  signatures,  forty-two  in 
number. 

In  the  name  of  God,  Amen.  We  whose  names  are  under 
writen,  the  loyall  subjects  of  our  dread  soveraigne  Lord,  King 


THE  MAYFLOWER  COMPACT  117 

James,  by  the  grace  of  God,  of  Great  Britaine,  Franc,  and 
Ireland  king,  defender  of  the  faith,  etc.,  haveing  undertaken, 
for  the  glorie  of  God,  and  advancemente  of  the  Christian  faith, 
and  honour  of  our  king  and  countrie,  a  voyage  to  plant  the 
first  colonie  in  the  Northerne  parts  of  Virginia,  doe  by  these 
presents  solemnly  and  mutualy  in  the  presence  of  God,  and  one 
of  another,  covenant  and  combine  our  selves  togeather  into  a 
civill  body  politick,  for  our  better  ordering  and  preservation 
and  furtherance  of  the  ends  aforesaid ;  and  by  vertue  hearof 
to  enacte,  constitute,  and  frame  such  just  and  equall  lawes, 
ordinances,  acts,  constitutions,  and  offices,  from  time  to  time, 
as  shall  be  thought  most  nieete  and  convenient  for  the  generall 
good  of  the  Colonie,  unto  which  we  promise  all  due  submission 
and  obedience.  In  witnes  whereof  we  have  hereunder  sub 
scribed  our  names  at  Cap-Codd  the  11.  of  November,  in  the 
year  of  the  raigne  of  our  soveraigne  lord,  King  James,  of 
England,  France,  and  Ireland  the  eighteenth,  and  of  Scotland 
the  fiftie  fourth.  Anno  :  Dom.  1620. 

For  a  discussion  of  this  document,  see  American  History  and  Govern 
ment,  §  61.  Here  it  should  be  noted  that  it  is  not  a  "constitution"  so 
much  as  a  preliminary  "  social  compact."  Nineteen  years  later,  Wheel 
wright  and  his  followers  (banished  from  Massachusetts)  settled  on  the 
New  Hampshire  coast  and  adopted  an  agreement  similar  to  the  Mayflower 
document  in  occasion  and  character.  Western  mining  camps  have  taken 
like  action  many  times  in  later  days. 

The  Wheelwright  document  follows  from  Hazard's  State  Papers,  I, 
463. 

COMBINATION  OF   SETTLERS   AT  EXETER 

WHEREAS  it  hath  pleased  the  Lord  to  move  the  Heart  of  our  dread 
Sovereign  Charles  by  the  Grace  of  God  King  etc.  to  grant  Licence  and 
Libertye  to  sundry  of  his  subjects  to  plant  themselves  in  the  Westerne 
parts  of  America.  We  his  loyal  Subjects,  Brethren  of  the  Church  in 
Exeter,  situate  and  lying  upon  the  River  Pascataqua,  with  other  Inhab 
itants  there,  considering  with  ourselves  the  holy  Will  of  God  and  our 
own  Necessity  that  we  should  not  live  without  wholesom  Lawes  and 
Civil  Government  among  us,  of  which  we  are  altogether  destitute  ;  do  in 
the  name  of  Christ  and  in  the  Sight  of  God  combine  ourselves  together  to 


118  PLYMOUTH   PLANTATION 

erect  and  set  up  among  us  such  Government  as  shall  be  to  our  best  dis 
cerning  agreeable  to  the  Will  of  God,  professing  ourselves  Subjects  to  our 
Sovereign  Lord  King  Charles  according  to  the  Libertyes  of  our  English 
Colony  of  Massachusetts,  and  binding  ourselves  solemnly  by  the  Grace 
and  help  of  Christ,  and  in  his  Name  and  fear,  to  submit  ourselves  to  such 
Godly  and  Christian  Lawes  as  are  established  in  the  realm  of  England  to 
our  best  Knowledge,  and  to  all  other  such  Lawes  which  shall  upon  good 
grounds  be  made  and  enacted  among  us  according  to  God,  that  we  may 
live  quietly  and  peaceably  together  in  all  godliness  and  honesty.  Mo.  8. 
D.  4.  1639,  as  attests  our  Hands. 

John  Wheelwright  [and  thirty-four  other  names]. 

47.  The  Peirce  Charter,  June,  1621 

Massachusetts  Historical  Society  Collections,  Fourth  Series,  II,  158  ff. 

Finding  themselves  within  the  jurisdiction  of  the  newly  reorganized 
Plymouth  Council  (or  New  England  Council),  the  Pilgrims  secured  from 
that  body  the  following  grant  through  their  London  partners.  Peirce 
was  intended  to  act  as  trustee  while  the  partnership  lasted.  Cf.  American 
History  and  Government,  §  55,  and  (for  the  documents  regarding  Peirce's 
later  attempt  to  steal  the  colony)  Arber's  Story  of  the  Pilgrim  Fathers, 
259,  260. 

This  Indenture  made  the  First  Day  of  June,  1621,  Be- 
twene  the  President  and  Counsell  of  New  England  of  the  one 
partie,  And  John  Peirce  Citizen  and  Clothworker  of  London 
and  Iris  Associates  of  the  other  partie,  Witnesseth  that  whereas 
the  said  John  Peirce  and  his  Associates  have  already  trans 
ported  and  undertaken  to  transporte  at  their  cost  and  chardges 
themselves  and  dyvers  persons  into  New  England  and  there 
to  erect  and  build  a  Towne  and  settle  dyvers  Inhabitantes 
for  the  advancement  of  the  generall  plantacion  of  that  Country 
of  New  England,  Now  the  sayde  President  and  Counsell, 
in  consideracion  thereof  and  for  the  furtherance  of  the  said 
plantacion  and  incoragement  of  the  said  Undertakers,  have 
agreed  to  graunt,  assigne,  allott,  and  appoynt  to  the  said 
John  Peirce  and  his  associates  and  every  of  them,  his  and 
their  heires  and  assignes,  one  hundred  acres  of  grownd  for 
every  person  so  to  be  transported,  besides  dyvers  other  pryvi- 
ledges,  Liberties,  and  cornmodyties  hereafter  mencioned.  .  .  . 


THE  PEIRCE  CHARTER,  JUNE,  1621  119 

The  same  land  to  be  taken  and  chosen  by  them,  their  dep 
uties  or  assignes,  in  any  place  or  places  wheresoever  not 
already  inhabited  by  any  English.  .  .  . 

And  forasmuch  as  the  said  John  Peirce  and  his  associates 
intend  and  have  undertaken  to  build  Churches,  Schooles, 
Hospitalls,  Toune  houses,  Bridges,  and  such  like  workes  of 
Charytie,  As  also  for  the  maynteyniug  of  Magistrates  and 
other  inferior  Officers  (In  regard  whereof  and  to  the  end  that 
the  said  John  Peirce  and  his  Associates,  his  and  their  heires 
and  assignes,  may  have  where  withall  to  beare  and  support 
such  like  charges),  Therefore  the  said  President  and  Coun- 
cell  aforesaid  do  graunt  unto  the  said  Undertakers,  their 
heires  and  assignes,  Fifteene  hundred  acres  of  Land  more 
over  and  above  the  aforesaid  proporcion  of  one  hundred  the 
person  for  every  undertaker  and  Planter,  to  be  imployed  upon 
such  publique  uses  as  the  said  Undertakers  and  Planters  shall 
thinck  fitt.  .  .  . 

And  shall  also  at  any  tyme  within  the  said  terme  of  Seaven 
Yeeres  upon  request  unto  the  said  President  and  Counsell 
made,  graunt  unto  them  (the  said  John  Peirce  and  his  As 
sociates,  Undertakers,  and  Planters,  their  heires  and  assignes) 
Letters  and  Grauntes  of  Incorporacion  by  some  usuall  and 
fitt  name  and  tytle,  with  Liberty  to  them  and  their  successors 
from  tyme  to  tyme  to  make  orders,  Lawes,  Ordynaunces,  and 
Constitucions,  for  the  rule,  governement,  ordering,  and  directing 
of  all  persons  to  be  transported  and  settled  upon  the  landes  hereby 
graunted,  intended  to  be  graunted,  or  hereafter  to  be  granted.  .  .  . 
And  in  the  meane  tyme  untill  such  graunt  made,  It  shalbe 
lawfull  for  the  said  John  Peirce,  his  Associates,  Undertakers, 
and  Planters,  their  heires  and  assignes,  by  consent  of  the  greater 
part  of  them,  To  establish  such  Lawes  and  ordynaunces  as  are 
for  their  better  government,  and  the  same,  by  such  Officer  or 
Officers  as  they  shall  by  most  voyces  elect  and  choose,  to  put  in 
execucion. 

[The  above  grant  was  the  first  charter  issued  by  the  Plymouth  Council 
of  1620  (No.  42  above).  It  is  sometimes  said  that  these  patents  from 


120  PLYMOUTH   PLANTATION 

the  Council  had  no  legal  force,  so  far  as  political  features  were  concerned. 
It  is  true  that  such  grants  had  no  force,  as  against  the  royal  government ; 
but,  as  long  as  the  royal  grant  to  the  Council  stood,  grants  from  that 
body  were  valid,  —  certainly  valid  as  against  any  later  claim  from  that 
proprietary  body.  The  king's  patent  of  1020  authorized  the  Council  to 
arrange  the  government  of  colonies  in  its  New  England  territories  as  it 
pleased.  In  carrying  out  this  provision  for  the  Pilgrims,  the  Council  saw 
fit  to  permit  a  large  share  of  self-government, — just  as  the  London 
Company  had  done,  in  less  degree,  for  the  Virginians,  and  as  Penn  was 
to  do  for  the  Pennsylvanians  in  his  famous  charter  to  them  in  1701  (No. 
109  below).  As  to  the  overthrow  of  the  validity  of  the  charters  to  the 
Pilgrims  in  1634,  cf.  American  History  and  Government,  §  55  close.] 

48.   Early  Descriptions  of  Plymouth1 

a.  Edward  Winslow's  Letter  (to  a  friend  in  England}, 
December  11/21,  1621 

Arber's  Story  of  the  Pilgrim  Fathers,  488-494.  (The  spelling  is 
modernized  in  all  printed  copies.) 

Loving  and  Old  Friend,  — 

Although  I  received  no  letter  from  you  by  this  ship,  yet 
forasmuch  as  I  know  you  expect  the  performance  of  my 
promise,  which  was,  to  write  unto  you  truly  and  faithfully 
of  all  things,  I  have  therefore  at  this  time  sent  unto  you  ac 
cordingly,  referring  you  for  further  satisfaction  to  our  more 
large  Eelations  [Winslow's  Relations,  a  considerable  volume]. 

You  shall  understand  that  in  this  little  time  [less  than  one 
year]  that  a  few  of  us  have  been  here,  we  have  built  seven 
dwelling-houses  and  four  for  the  use  of  the  plantation,  and 
have  made  preparation  for  divers  others.  We  set  the  last 
spring  some  twenty  acres  of  Indian  corn,  and  sowed  some  six 
acres  of  barley  and  pease ;  and  according  to  the  manner  of  the 
Indians,  we  manured  our  ground  with  herrings,  or  rather 
shads,  which  we  have  in  great  abundance,  and  take  with  great 
ease  at  our  doors.  Our  corn  did  prove  well ;  and,  God  be 
praised,  we  had  a  good  increase  of  Indian  corn,  and  our  barley 

1  Bradford's  longer  accounts  are  omitted  hera,  because  they  are  quoted  so 
freely  in  American  History  and  Government. 


EARLY  DESCRIPTIONS  OF  PLYMOUTH  121 

indifferent  good,  but  our  pease  not  worth  the  gathering,  for  we 
feared  they  were  too  late  sown.  They  came  up  very  well,  and 
blossomed  ;  but  the  sun  parched  them  in  the  blossom.  .  .  . 

When  it  pleaseth  God  we  are  settled  and  fitted  for  the 
fishing  business  and  other  trading,  I  doubt  not  but  by  the 
blessing  of  God  the  gain  will  give  content  to  all.  In  the 
mean  time,  that  we  have  gotten  we  have  sent  by  this  ship ; 
and  though  it  be  not  much,  yet  it  will  witness  for  us  that  we 
have  not  been  idle,  considering  the  smalluess  of  our  number 
all  this  summer.  We  hope  the  merchants  will  accept  of  it, 
and  be  encouraged  to  furnish  us  with  things  needful  for 
further  employment,  which  will  also  encourage  us  to  put  forth 
ourselves  to  the  uttermost. 

Now  because  I  expect  your  coming  unto  us,  with  other  of 
our  friends,  whose  company  we  much  desire,  I  thought  good 
to  advertise  you  of  a  few  things  needful.  Be  careful  to  have 
a  very  good  bread-room  to  put  your  biscuits  in.  Let  your  cask 
for  beer  and  water  be  iron-bound,  for  the  first  tire,  if  not  more. 
Let  not  your  meat  be  dry-salted  ;  none  can  better  do  it  than 
the  sailors.  Let  your  meal  be  so  hard  trod  in  your  cask  that 
you  shall  need  an  adz  or  hatchet  to  work  it  out  with.  Trust 
not  too  much  on  us  for  corn  at  this  time,  for  by  reason  of  this 
last  company  that  came,  depending  wholly  upon  us,  we  shall 
have  little  enough  till  harvest.  Be  careful  to  come  by  some 
of  your  meal  to  spend  by  the  way ;  it  will  much  refresh  you. 
Build  your  cabins  as  open  as  you  can,  and  bring  good  store  of 
clothes  and  bedding  with  you.  Bring  every  man  a  mussket  or 
fowling-piece.  Let  your  piece  be  long  in  the  barrel,  and  fear 
not  the  weight  of  it,  for  most  of  our  shooting  is  from  stands. 
Bring  juice  of  lemons,  and  take  it  fasting ;  it  is  of  good  use. 
For  hot  waters,  aniseed  water  is  the  best ;  but  use  it  sparingly. 
If  you  bring  anything  for  comfort  in  the  country,  butter  or 
sallet  oil,  or  both  is  very  good.  Our  Indian  corn,  even  the 
coarsest,  maketh  us  pleasant  meat  as  rice ;  therefore  spare 
that,  unless  to  spend  by  the  way.  Bring  paper  and  linseed 
oile  for  your  windows,  with  cotton  yarn  for  your  lamps.  Let 


122  PLYMOUTH  PLANTATION 

your  shot  be  most  for  big  fowls,  and  bring  store  of  powder 
and  shot.  I  forbear  further  to  write  for  the  present,  hoping 
to  see  you  by  the  next  return.  So  I  take  my  leave,  commend 
ing  you  to  the  Lord  for  a  safe  conduct  unto  us,  resting  in  him, 

Your  loving  friend, 

E.  W. 

b.   Captain  John  Smith's  Account,  1624 

Smith's  Works  (Birmingham  edition),  782  ff. 

At  New-Plimoth  there  is  [1624]  about  180  persons,  some 
cattell  and  goats,  but  many  swine  and  poultry ;  32  dwelling 
houses,  whereof  7  were  burnt  the  last  winter  [1623],  and  the 
value  of  five  hundred  pounds  in  other  goods ;  the  Towne  is 
impailed  about  halfe  a  mile  [in]  compasse.  In  the  toune 
upon  a  high  Mount  they  have  a  Fort  well  built  with  wood, 
lime,  and  stone,  where  is  planted  their  Ordnance:  Also  a 
faire  Watch-tower,  partly  framed  for  the  Sentinell.  The 
place  it  seemes  is  healthfull,  for  in  these  last  three  yeeres 
[1621-4],  notwithstanding  their  great  want  of  most  neces 
saries,  there  hath  not  one  died  of  the  first  planters.  They 
have  made  a  saltworke,  and  with  that  salt  preserve  the  fish 
they  take;  and  this  yeare  [1624]  hath  fraughted  a  ship  of 
180  tunnes. 

The  Governour  is  one  Master  William  Bradford ; 

******* 

The  most  of  them  live  together  as  one  family  or  household, 
yet  every  man  followeth  his  trade  and  profession  both  by  sea 
and  land,  and  all  for  a  generall  stocke  :  out  of  which  they 
have  all  their  maintenance,  untill  there  be*  a  divident  betwixt 
the  Planters  and  the  Adventurers. 

Those  Planters  are  not  servants  to  the  Adventurers  here, 
but  have  onely  councells  of  directions  from  them,  but  no  in 
junctions  or  command;  and  all  the  masters  of  families  are 
partners  in  land  or  whatsoever,  setting  their  labours  against 
the  stocke,  till  certaine  yeeres  be  expired  for  the  division ; 


EARLY  DESCRIPTIONS  OF  PLYMOUTH  123 

they  have  young  men  and  boies  for  their  .Apprentises  and 
-servants,  and  some  of  them  speciall  families,  as  Ship-carpenters, 
Salt-makers,  Fish-masters,  yet  as  servants  upon  great  wages. 

The  Adventurers  which  raised  the  stocke  to  begin  'and 
supply  this  Plantation  were  about  TO : l  some  Gentlemen,  some 
Merchants,  some  handy-crafts  men,  some  adventuring  great 
summes,  some  small,  as  their  estates  and  affection  served. 
The  gene  rail  stocke  already  imploied  is  about  7000  1. ;  by 
reason  of  which  charge  and  many  crosses,  many  of  them 
would  adventure  no  more :  but  others  that  knowes  so  great 
a  designe  cannot  bee  effected  without  both  charge,  losse,  and 
crosses,  are  resolved  to  goe  forward  with  it  to  their  powers  ; 
which  deserve  no  small  commendations  and  encouragement. 
These  [The  Adventurers  generally]  dwell  most[ly]  about 
London.  They  are  not  a  Corporation,  but  [are]  knit  together 
by  a  voluntary  combination  in  a  society  without  constraint 
or  penalty,  aiming  to  doe  good  and  to  plant  Religion ;  they 
have  a  President  and  Treasurer,  every  yeere  newly  chosen 
by  the  most  voices,  who  ordereth  the  affaires  of  their  Courts 
and  meetings,  and  with  the  assent  of  the  most  of  them,  under- 
taketh  all  ordinary  business ;  but  in  more  weighty  affaires, 
the  assent  of  the  whole  Company  is  required. 

There  hath  beene  a  fishing  this  yeere  [1624]  upon  the 
Coast  about  50.  English  ships :  .  .  .  and  though  I  promise 
no  Mines  of  gold,  yet  the  warlike  Hollanders  let  us  imitate 
but  not  hate,  whose  wealth  and  strength  are  good  testimonies 
of  their  treasury  gotten  by  fishing;  and  New-England  hath 
yeelded  already  [up  to  1624]  by  generall  computation  one 

1  Bradford  gives  forty-two  names,  —  those  still  interested  in  1626.  (Brad 
ford's  Letter  Book,  Massachusetts  Historical  Society  Collections,  First  Series, 
III,  48.)  In  his  latest  work  (Advertisements,  etc.,  1630)  Smith  implies  that 
the  London  merchants  lost  far  the  greater  part  of  their  investment,  —  "  being 
out  of  purse  six  or  seven  thousand  pounds,"  and  accepting  in  lieu  of  this  the 
promise  of  the  Planters  in  1627  "  to  pay  them  for  nine  years  two  hundred 
pounds  yearely,  without  any  other  account  [settlement]."  Smith,  no  douht, 
heard  only  the  merchants'  side  and  exaggerates  their  loss.  Bradford's  History 
shows  that  the  accounts  were  badly  muddled. 


124  PLYMOUTH   PLANTATION 

hundred  thousand  pounds  at  the  least.  Therefore,  honourable 
and  worthy  Country  men,  let  not  the  ineannesse  of  the  word 
fish  distaste  you,  for  it'  will  afford  as  good  gold  as  the  Mines 
of  Guiana  or  Potassie,  with  lesse  hazard  and  charge,  and  more 
certainty  and  facility. 

49.  Final  Source  of  Plymouth  Land  Titles 
a-  The  Bradford  Charter,  January  13/23,  1629/30 

Hazard's  State  Papers  (Washington,  1792),  I,  298  ff. 
Cf.  American  History  and  Government,  §  55. 

[Recital  of  grant  of  New  England  by  James  I  to  the  Council 
for  New  England  in  charter  of  1620.] 

Now  know  yee  that  the  said  Councell,  by  Vertue  and 
Authority  of  his  said  late  Majestie's  Letters  pattents,  and  .  .  . 
in  Consideration  that  William  Bradford  and  his  Associates 
have  for  these  nine  Yeares  lived  in  New-Englande  .  .  .  and 
have  there  .  .  .  planted  a  Towne  .  .  .  att  their  owne  proper 
Costs  .  .  .  and  now  seeinge  that  by  the  speciall  Providence  of 
God  and  [by]  their  extraordinary  Care  and  Industry,  they 
have  encreased  their  Plantacion  to  neere  three  hundred 
People  .  .  .  Have  given  .  .  .  and  sett  over  .  .  .  unto  the 
said  William  Bradford,  his  Heires,  Associates,  and  Assigns,  all 
that  Parte  of  New  England  [boundaries  of  the  Colony] 

.  .  .  Alsoe  it  shalbe  lawfull  and  free  for  the  said  William 
Bradford,  his  Associats,  his  Heires  and  Assignes,  att  all  tymes 
hereafter,  to  incorporate  by  some  usuall  or  fitt  Name  and  Title, 
him  or  themselves,  or  the  People  there  inhabitinge  under  him 
or  them,  with  Liberty  to  them  and  their  Successours,  from 
tyme  to  tyme  to  frame  and  make  Orders,  Ordinances,  and 
Constitucons,  as  well  for  the  better  Governemente  of  their 
Affaires  here,  and  the  receaving  or  admitting  any  to  his  or 
their  Society,  as  alsoe  for  the  better  Government  of  his  or 
their  People  and  Affaires  in  New  Englande,  or  his  and  their 
People  att  Sea  in  goeinge  thither,  or  returninge  from  thence, 
and  the  same  to  putt  or  cause  to  be  putt  in  Execucon  by  such 


FINAL  SOURCE  OF  PLYMOUTH  LAND  TITLE       125 

Officers  and  Ministers  as  he  and  they  shall  authorise  and  de 
pute;  Provided  that  the  said  Lawes  and  Orders  bee  not 
repugnante  to  the  Lawes  of  Englande,  or  the  Frame  of  Govern- 
mente  by  the  said  Presidente  and  Councell  here  after  to  be 
established.  ...  And  the  said  Councell  doe  hereby  covenante 
and  declare,  that  it  is  their  Intente  and  Meaninge  for  the  good 
of  this  Plantacon,  that  the  said  William  Bradford  his  Associats, 
or  their  Heires  or  Assignes,  shall  have  and  enjoy  whatsoever 
Priveledge  or  Priveledges  of  what  kinde  soever,  as  are  ex 
pressed  or  intended  to  be  graunted  by  his  said  late  Majestie's 
Letters-Pattents,  and  that  in  as  large  and  ample  manner  as 
the  said  Councell  thereby  now  may  or  hereafter  can  graunte 
(coyninge  of  Money  excepted).  .  .  .  And  lastly,  know  yee 
that  wee  the  said  Councell  have  made  and  .  .  .  appointed 
Captaine  Myles  Standish,  or,  in  his  absence,  Edward  Winslowe, 
.  .  .  and  John  Alden,  or  any  of  them,  to  be  our  true  and  lawf  ull 
Attorney  ...  in  our  Name  and  Stead,  to  enter  into  the  said 
Tracte  ...  of  Lande  ...  or  into  some  parte  thereof  .  .  . 
and  in  our  Names  to  take  possession  and  seizin  thereof,  .  .  . 
and  after  such  possession  and  seizin,  .  .  .  then  ...  in  our 
Names  to  deliver  the  full  and  peaceable  possession  of  all  ... 
the  said  mencioned  .  .  .  premises  unto  the  said  William  Brad 
ford.  , 


[The  Plymouth  copy  of  this  grant  is  indorsed  :  — 

"The  within  named  John  Alden,  authorised  as  Attorney  for  the 
within  mentioned  Counsill,  haveing  in  their  name  .  .  .  entered  into 
some  parte  of  the  within  mentioned  tracts  of  Land  .  .  .  and  in  their 
Names  taken  possession  and  seazin  thereof,  did  in  the  name  of  the  said 
Counsill,  deliver  the  full  and  peacable  possession  and  seazin  of  all  ... 
the  within  mentioned  .  .  .  premises  unto  William  Bradford,  for  him, 
his  Heires,  Associates,  and  Assignes.  .  .  . 
"  In  Presence  of 

James  Cudworth 

William  Clark 

Nathaniel  Mortan,  Secretary."] 


126  PLYMOUTH   PLANTATION 

b.   Surrender  of  the  Bradford  Patent  to  the  Plymouth 
Freemen,  March  2/12,  1640/1641 

This  document  was  first  printed  by  Hazard  in  his  State  Papers  (I, 
468,  469).  The  text  as  given  later  (1855)  in  the  Plymouth  Records  has 
the  same  spelling  in  nearly  every  case,  but  is  somewhat  more  economical 
of  capital  letters.  The  Hazard  text  is  followed  here. 

WHEREAS  .  .  .  the  said  William  Bradford  and  divers  others 
the  first  Instruments  of  God  in  the  beginnings  of  this  greate 
work  of  Plantaeon  together  with  such  as  the  Alorderinge  God 
in  his  Providence  soone  added  unto  them,  have  beene  at  very 
greate  charges  to  procure  the  said  lands  priveledges  and  free- 
domes  from  all  entanglements  ...  by  reason  whereof  the 
title  to  the  day  of  this  present  remayneth  in  the  said  William 
his  heires  associats  and  assignes  now  for  the  better  setling  of 
the  state  of  the  said  land  aforesaid  the  said  William  Bradford 
and  those  first  Instruments  termed  and  called  in  sondry  orders 
upon  publick  Eecord  the  Purchasers  or  Old  Coiners  .  .  . 
whereby  they  are  distinguished  from  other  the  freemen  and 
Inhabitants  of  the  said  Corporation  Be  it  known  unto  all  men 
therefore  by  these  presents  That  the  said  William  Bradford 
for  himself  his  heires  together  with  the  said  purchasers  do 
onely  reserve  unto  themselves  their  heires  and  assignes  those 
three  tracts  of  land  .  .  .  together  with  such  other  smale  per- 
cells  of  lands  as  they  or  any  of  them  are  personally  possessed 
of  or  interessed  in  by  vertue  of  any  former  titles  or  graunts 
whatsoever  and  the  said  William  Bradford  doth  by  the  free 
and  full  consent  approbacon  and  agreement  of  the  said  Old 
Planters  or  Purchasers  together  with  the  likeing  approbacon 
and  acceptacon  of  the  other  part  of  the  said  Corporacon  sur 
render  into  the  hands  of  the  whole  Court  consisting  of  the 
Freemen  of  this  Corporacon  of  New-Plymouth  all  that  ther 
right  and  title  power  authorytie  priveledges  immunities  and 
freedomes  graunted  in  the  said  Letters  Patents  by  the  said 
Right  Honorable  Councell  for  New  England  reserveing  his 
and  their  personall  Eight  of  Freemen  .  .  .  declaring  the 


FIRST  CODE  OF  LAWS  IN  AMERICA  127 

Freemen  of  this  present  Corporacon  together  with  all  such  as 
shall  be  legally  admitted  into  the  same  his  associates  ...  In 
witnes  whereof  the  said  William  Bradford  hath  in  Publicke 
Court  surrendered  the  said  Letters  Patents  actually  into  the 
hands  and  power  of  the  said  Court  bynding  himselfe  his  heires 
executors  administrators  and  assignes  to  deliver  up  whatsoever 
specialties  are  in  his  hands  that  do  or  may  concerne  the  same. 
Memorand.  That  the  said  surrender  was  made  by  the  said 
William  Bradford  in  publicke  Court  to  Nathaniell  Sowther 
especially  authorized  by  the  whole  Court  to  receive  the  same 
together  with  the  said  Letters  Patents  in  his  name  and  for  the 
use  of  the  whole  Body  of  Freemen.  .  .  . 

60.  First  Code  of  Laws  in  America 
Plymouth  "  Fundementals,"  1636. 

Hazard's  State  Papers  (Washington,  1792),  I,  404-410. 

The  following  extracts  come  from  a  code  (much  resembling  a  bill  of 
rights)  drawn  up  for  Plymouth  Colony  in  1(536  by  the  first  representative 
gathering  of  that  colony.  Cf.  American  History  and  Government,  §  54. 

1.  —  WEE  the  associates  of  the  Colony  of  New-Plymouth, 
coming  hither  as  free  born  subjects  of  the  kingdom  of  England, 
endowed  with  all  and   singular  the  -priveleges   belonging   to 
such :  Being  assembled, 

Do  enact,  ordain  and  constitute  ;  that  no  act,  imposition,  law 
or  ordinance  be  made  or  imposed  on  us  at  present,  or  to  come, 
but  such  as  shall  be  enacted  by  consent  of  the  body  of  freemen 
or  associates,  or  their  representatives  legally  assembled ;  which 
is  according  to  the  free  liberties  of  the  free  born  people  of 
England. 

2.  —  And  for  the  well  governing  this  Colony :  It  is  also  re 
solved  and  ordered,  that  there  be  a  free  election  annually  of 
Governor,  Deputy  Governor,  and  assistance,  by  the  vote  of 
the  freemen  of  this  corporation  .  .  . 

4.  —  It  is  -also  enacted,  that  no  person  in  this  government 
shall  suffer  or  be  indamaged,  in  respect  of  life,  limb,  liberty, 


128  PLYMOUTH  PLANTATION 

good  name  or  estate,  under  color  of  law,  or  countenance  of 
authority,  but  by  virtue  or  equity  of  some  express  law  of  the 
general  court  of  this  Colony,  or  the  good  and  equitable  laws 
of  our  Nation,  suitable  for  us,  in  matters  which  are  of  a  civil 
nature  (as  by  the  court  here  hath  been  accustomed)  wherein 
we  have  no  particular  law  of  our  own.  And  that  none  shall 
suffer  as  aforesaid,  without  being  brought  to  answer  by  due 
course  and  process  of  Law. 

5.  —  And  that  all  cases,  whether  capital,  criminal,  or  between 
man  and  man,  be  tried  by  a  jury  of  twelve  good  and  lawful 
men,  according  to  the  commendable  custom  of  England,  except 
where  some  express  law  doth  refer  it  to  the  judgement  of  some 
other  judge  or  inferior  court  where  jury  is  not;  in  which  case 
also  any  party  aggrieved,  may  appeal  and  have  trial  by  a  jury. 

And  it  shall  be  in  the  liberty  of  any  person,  that  is  to  be 
tried  by  a  jury  to  challenge  any  of  the  jurors,  and  if  the 
challenge  be  found  just  and  reasonable  by  the  bench,  it  shall 
be  allowed ;  and  others  without  just  exception  shall  be  im 
panelled  in  their  room :  And  if  it  be  in  case  of  life  and  death, 
the  prisoner  shall  have  liberty  (according  to  the  law  of  Eng 
land)  to  except  against  twenty  of  the  jury  without  giving  any 
reason  for  the  same. 


7.  —  And  it  is  enacted ;  being  the  privelege  of  our  charter ; 
that  all  persons  of  the  age  of  21  years,  of  right  understanding 
and  memory,  whether  excommunicated,  condemned  or  other, 
having  any  estate  properly  theirs  to  dispose  of,  shall  have 
full  power  and  liberty  to  make  their  reasonable  wills  and 
testaments,  and  other  lawful  alienations  of  their  lands  and 
estates ;  be  it  only  here  excepted,  That  such  as  are  sentenced 
for  Treason  ...  or  other  capitall  crimes,  shall  forfeit  .  .  . 
for  the  carrying  on  the  charge  of  government,  their  personal 
estate :  Their  lands  and  real  estate  being  still  at  their  disposal. 


XI.    THE   FOUNDING   OF   MASSACHUSETTS 

51.  The  Gorges  Claim  to  Massachusetts 

a.  Charter  from  the  New  England  Council  to  Robert 
Gorges.    December  30/ January  9,  1622/3 

Hazard's  State  Papers  (1702),  I,  152  ff.  Reprinted  from  Sir  Ferdi- 
nando  Gorges'  Briefe  Narration  of  the  Originall  Undertakings  .  .  .  of 
Plantations  into  .  .  .  America  (1658).  Gorges'  Briefe  Narration  is  re 
printed  in  full  in  the  Massachusetts  Historical  Society  Collections,  Third 
Series,  V,  45-93. 

The  Gorges  Charter  is  short,  and  is  given  almost  in  full  below. 

[Recital  of  the  grant  of  1620  to  the  Council  of  New  England] 
Now  know  all  Men  by  these  Presents,  that  We  the  Councell 
of  New-England,  for,  and  in  respect  of  the  good  and  speciall 
Service  done  by  Sir  Ferdinando  Gorges,  Knight,  to  the  Plan 
tation,  from  the  first  Attempt  thereof  unto  this  present,  as 
also  for  many  other  causes  us  hereunto  moving,  and  likewise 
for  and  in  Consideration  of  the  Payment  of  one  hundred  and 
sixty  pounds  of  lawfull  English  Money  unto  the  Hands  of 
our  Treasurer,  by  Robert  Gorges,  Sonne  of  the  said  Sir  Ferdi 
nando  Gorges,  Knight,  whereof,  and  of  every  Part  and  Parcell 
whereof,  the  said  Robert  Gorges,  his  Heires,  Executors,  and 
Assignes,  are  for  ever  acquitted  and  discharged,  by  these 
Presents;  have  given,  granted  and  confirmed,  and  by  these 
Presents  do  give,  grant,  and  confirme,  unto  the  said  Robert 
Gorges,  his  Heires  and  Assignes  for  ever,  all  that  part  of  the 
Main  Land  in  New-England  aforesaid,  commonly  called  or 
known  by  the  name  of  Messachusiack,  situate,  lying  and  being 
upon  the  North-East  side  of  the  Bay  called  or  knowne  by  the 
the  Name  of  Massachuset,  or  by  what  other  Name  or  Names 
soever  it  be,  or  shall  be  called  or  knowne,  together  with  all 
the  Shoars  and  Coasts  along  the  Sea,  for  ten  English  Miles, 

129 


130  THE  FOUNDING  OF  MASSACHUSETTS 

in  a  streight  line  towards  the  North-East,  accounting  one 
thousand,  seven  hundred  and  sixty  yards  to  the  Mile,  and 
thirty  English  Miles  (after  the  same  rate)  unto  the  Main 
Land  through  all  the.  Breadth  aforesaid,  together  with  all  the 
Islets  and  Islands,  lying  within  three  Miles  of  any  Part  of 
the  said  Lands  (except  such  Islands  as  are  formerly  granted) : 
together  also  with  all  the  Lands,  Rivers,  Mines  and  Mineralls, 
Woods,  Quarryes,  Marshes,  Waters,  Lakes,  Fishings,  Hunt 
ings,  Fowlings,  and  Commodities,  and  Hereditaments  what 
soever,  with  all  and  singular  their  Appurtenances,  together 
with  all  Prerogatives,  Rights,  Jurisdictions  and  Royalties,  and 
Power  of  Judicature  in  all  Causes  and  Matters  whatsoever, 
Criminal,  Capital,  and  Civil,  arising,  or  which  may  hereafter 
arise,,  within  the  Limits,  Bounds,  and  Precincts  aforesaid, 
to  be  executed  according  to  the  great  Charter  of  England,  and 
such  Lawes  as  shall  be  hereafter  established  by  Publique  Author 
ity  of  the  State  assembled  in  Parliament  in  New-England,  to  be 
executed  and  exercised  by  the  said  Robert  Gorges,  his 
Heires  and  Assignes,  or  his  or  their  Deputies,  Lieutenants, 
Judges,  Stewards,  or  other  Officers,  thereunto  by  him  or  them 
assigned,  .  .  .  saving  and  alwayes  reserving  unto  the  said 
Councell,  and  their  Successours,  and  to  the  Court  of  Parlia 
ment  hereafter  to  be  in  New-England  aforesaid,  and  to  either 
of  them,  power  to  receive,  heare  and  determine  all  and  singu 
lar  Appeale  and  Appeales,  of  every  Person  and  Persons  what 
soever,  dwelling  or  inhabiting  within  the  said  Territories  and 
Islands,  or  either  or  any  of  them,  to  the  said  Robert  Gorges 
granted  as  aforesaid,  of  and  from  all  Judgments  and  Sentences 
whatsoever  given  within  the  said  Territories ;  .  .  . 

[Sir  Ferdinando  Gorges  was  one  of  the  original  patentees  of  the  "  North 
ern  Colony  "  of  1606.  More  than  any  other  one  man,  he  was  instrumental 
in  keeping  that  enterprise  alive  and  in  finally  securing  its  reorganization 
as  the  Council  of  New  England  in  1620  (No.  42  above).  He  continued 
to  be  prominent  in  the  meetings  and  business  of  that  Company  until  its 
dissolution  in  1634.  He  drew  up  a  plan  of  government  for  all  New 
England,  in  accordance  with  which  the  New  England  Council  appointed 


THE   GORGES  CLAIM  TO  MASSACHUSETTS       131 

his  son  Robert  "generall  Governor."  This  governor  was  to  be  assisted 
by  a  '*  Councill  "  consisting  of  heads  of  any  individual  colonies  established 
or  to  be  established.  The  Governor  and  Council  were  to  make  laws  with 
the  assent  of  a  central  "Parliament"  to  be  chosen  from  the  several 
colonies. 

Thus  Robert  Gorges  came  to  America  in  this  double  capacity,  — 
patentee  of  his  own  small  grant  on  Massachusetts  Bay,  and  General 
Governor  (or  "Lieutenant  General")  of  all  New  England.  It  was 
this  last  position  that  brought  upon  him  the  dislike  of  Governor  Brad 
ford  of  Plymouth,  as  noted  in  American  History  and  Government,  §  45, 
note.  ] 

b.  Robert  Gorges,  Lieutenant  General  of  New  England 

(1623) 

From  Sir  Ferdinando  Gorges'  "  Briefe  Narration11  (1658),  reprinted 
in  Massachusetts  Historical  Society  Collections,  Third  Series,  VI,  74-75. 

My  sou  Captain  Robert  Gorges  sent  by  authority  of  the  Coun 
cil  for  those  Affairs,  as  their  Lieutenant  General. 

The  several  complaints  made  to  the  council  of  the  abuses 
committed  by  several  the  fishermen,  and  other  interlopers,  who 
without  order  from  them  frequented  those  coasts,  tending  to 
the  scorn  of  our  nation  ...  to  the  overthrow  of  our  trade,  and 
dishonor  of  the  government,  — 

For  reformation  whereof,  and  to  prevent  the  evils  that  may 
ensue,  they  were  pleased  to  resolve  of  the  sending  some  one 
into  those  parts  as  their  Lieutenant,  to  regulate  the  estate  of 
their  affairs  and  those  abuses.  Hereupon  my  son  Robert  Gorges 
being  newly  come  out  of  the  Venetian  war,  was  the  man  they 
were  pleased  to  pitch  upon,  being  one  of  the  Company,  and  in 
terested  in  a  proportion  of  the  land  with  the  rest  of  the  Paten 
tees  in  the  Bay  of  the  Majechewsett,  containing  ten  miles  in 
breadth  and  thirty  miles  into  the  main  land ;  who,  between  my 
Lord  Gorges  and  myself,  was  speedily  sent  away  into  the  said 
Bay  of  Massechewset,  where  he  arrived  about  the  beginning  of 
August  following,  anno  1623,  that  being  the  place  he  resolved 
to  make  his  residence,  as  proper  for  the  public  as  well  as  for  his 


132  THE  FOUNDING  OF  MASSACHUSETTS 

private  [affairs]  ;  where  landing  his  provisions  and  building  his 
storehouses,  he  sent  to  them  of  New  Plymouth  (who  by  his  com 
mission  were  authorized  to  be  his  assistants)  to  corne  unto  him, 
who  willingly  obeyed  his  order,  and  as  carefully  discharged 
their  duties ;  by  whose  experience  he  suddenly  understood 
what  was  to  be  done  with  the  poor  means  he  had,  believing  the 
supplies  he  expected  would  follow  according  to  the  undertak 
ings  of  divers  his  familiar  friends  who  had  promised  as  much. 
But  they,  hearing  how  I  sped  in  th'e  House  of  Parliament,  with 
drew  themselves ;  and  myself  and  friends  were  wholly  disabled 
to  do  any  thing  to  purpose.  The  report  of  these  proceedings 
with  us  coming  to  my  son's  ears,  he  was  advised  to  return  home 
till  better  occasion  should  offer  itself  unto  him. 

62.  The  Beginning  of  Salem  Colony 

Extracts  from  the  Brief  Eelation  by  the  Reverend  John  White,  1630. 
For  explanation  of  White's  connection  with  the  Company,  see  American 
History  and  Government,  §  57  and  note. 

The  ensuing  faithful  and  impartial  narration  of  the  first 
occasions,  beginning,  and  progress  of  the  whole  work,  is  laid 
before  the  eyes  of  all  that  desire  to  receive  satisfaction,  by 
such  as  have  been  privy  to  the  very  first  conceiving  and  con 
triving  of  this  project  of  planting  this  Colony.  t.  .  . 

About  ten  years  since,  a  company  of  English,  part  out  of 
the  Low  Countries,  and  some  out  of  London  and  other  parts, 
associating  themselves  into  one  body,  with  an  intention  to 
plant  in  Virginia,  in  their  passage  thither  being  taken  short 
by  the  wind,  in  the  depth  of  winter,  the  whole  ground  being 
under  snow,  were  forced  with  their  provisions  to  land  them 
selves  in  New-England,  upon  a  small  bay  beyond  Mattachusets, 
in  the  place  which  they  now  inhabit,  and  call  by  the  name  of 
New  Plymouth.  The  ground  being  covered  a  foot  thick  with 
snow,  and  they  being  without  shelter,  and  having  amongst 
them  divers  women  and  children,  no  marvel  if  they  lost  some 
of  their  company;  it  may  be  wondered  how  they  saved  the 


THE   BEGINNING  OF  SALEM  COLONY  133 

rest.  But  notwithstanding  this  sharp  encounter  at  the  first, 
and  some  miscarriages  afterward,  yet,  conceiving  God's  provi 
dence  had  directed  them  unto  that  place,  and  finding  great 
charge  and  difficulty  in  removing,  they  resolved  to  fix  them 
selves  there ;  and  being  assisted  by  some  of  their  friends  in 
London,  having  passed  over  most  of  the  greatest  difficulties 
that  usually  encounter  new  planters,  they  began  to  subsist  at 
length  in  a  reasonably  comfortable  manner ;  being,  notwith 
standing,  men  but  of  mean  and  weak  estates  of  themselves ; 
and  after  a  year's  experience  or  two  of  the  soil  and  inhabitants, 
sent  home  tidings  of  both,  and  of  their  well-being  there,  which 
occasioned  other  men  to  take  knowledge  of  the  place,  and  to 
take  it  into  consideration. 

About  the  year  1623,  some  western  merchants,  who  had  con 
tinued  a  trade  of  fishing  for  cod  and  bartering  for  furs  in  those 
parts  for  divers  years  before,  conceiving  that  a  Colony  planted 
on  the  coast  might  further  them  in  those  employments,  be 
thought  themselves  how  they  might  bring  that  project  to  effect, 
and  communicated  their  purpose  to  others,  alleging  the  con- 
veniency  of  compassing  their  project  with  a  small  charge,  by 
the  opportunity  of  their  fishing  trade,  in  which  they  accus 
tomed  to  double-man  their  ships,  that,  by  the  help  of  many 
hands,  they  might  dispatch  their  voyage  and  lade  their  ship 
with  fish  while  the  fishing  season  lasted ;  which  could  not  be 
done  with  a  bare  sailing  company.  Now  it  was  conceived  that, 
the  fishing  being  ended,  the  spare  men  that  were  above  their 
necessary  sailors,  might  be  left  behind  with  provisions  for  a 
year ;  and  when  that  ship  returned  the  next  year,  they  might 
assist  them  in  fishing,  as  they  had  done  the  former  year ;  and, 
in  the  mean  time,  might  employ  themselves  in  building,  and 
planting  corn,  which,  with  the  provisions  of  fish,  fowl,  and 
venison,  that  the  land  yielded,  would  afford  them  the  chief  of 
their  food.  This  proposition  of  theirs  took  so  well,  that  it 
drew  on  divers  persons  to  join  with  them  in  this  project ;  the 
rather  because  it  was  conceived,  that  not  only  their  own  fisher 
men,  but  the  rest  of  our  nation  that  went  thither  on  the  same 


134  THE  FOUNDING  OF  MASSACHUSETTS- 

errand,  might  be  much  advantaged,  not  only  by  fresh  victual, 
which  that  Colony  might  spare  them  in  time,  but  withal,  and 
more,  by  the  benefit  of  their  ministers'  labors,  which  they 
might  enjoy  during  the  fishing  season;  whereas  otherwise, 
being  usually  upon  those  voyages  nine  or  ten  months  in  the 
year,  they  were  left  all  the  while  without  any  means  of  in 
struction  at  all.  Compassion  towards  the  fishermen,  and 
partly  some  expectation  of  gain,  prevailed  so  far  that  for  the 
planting  of  a  Colony  in  New  England  there  was  raised  a  stock 
of  more  than  £3000,  intended  to  be  paid  in  in  five  years,  but 
afterwards  disbursed  in  a  shorter  time. 

How  this  stock  was  employed,  and  by  what  errors  and  over 
sights  it  was  wasted,  is,  I  confess,  not  much  pertinent  to  this 
subject  in  hand.  Notwithstanding,  because  the  knowledge 
there  of  may  be  of  use  for  other  mens'  direction,  let  me  crave 
leave,  in  a  short  digression,  to  present  unto  the  reader's  view 
the  whole  order  of  the  managing  of  such  moneys  as  were  col 
lected,  with  the  success  and  issue  of  the  business  undertaken. 
[Here  follows  an  account  of  mismanagement  and  losses,  and 
the  failure  of  the  Company.] 

But  to  return  to  our  former  subject,  from  which  we  di 
gressed.  Upon  the  manifestation  of  the  Western  Adventurers' 
resolution  to  give  off  their  work,  most  part  of  the  land  men, 
being  sent  for,  returned.  But  a  few  of  the  most  honest  and 
industrious  resolved  to  stay  behind,  and  to  take  charge  of  the 
cattle  sent  over  the  year 'before;  which  they  performed  ac 
cordingly.  And  not  liking  their  seat  at  Cape  Anne,  chosen 
especially  for  the  supposed  commodity  of  fishing,  they  trans 
ported  themselves  to  Nahum-Keike,  about  four  or  five  leagues 
distant  to  the  south-west  from  Cape  Anne. 

Some  then  of  the  Adventurers,  that  still  continued  their 
desire  to  set  forward  the  plantation  of  a  Colony  there,  conceiving 
that  if  some  more  cattle  were  sent  over  to  those  few  men  left 
behind,  they  might  not  only  be  a  means  of  the  comfortable 
subsisting  of  such  as  were  already  in  the  country,  but  of 
inviting  some  others  of  their  friends  and  acquaintance  to  come 


THE   BEGINNING  OF  SALEM  COLONY  135 

over  to  them,  adventured  to  send  over  twelve  kine  and  bulls 
more ;  and,  conferring  casually  with  some  gentlemen  of  London, 
moved  them  to  add  unto  them  as  many  more.  By  which 
occasion,  the  business  came  to  agitation  afresh  in  London,  and 
being  at  first  approved  by  some  and  disliked  by  others,  by 
argument  and  disputation  it  grew  to  be  more  vulgar  ;  insomuch 
that  some  men  showing  some  good  affection  to  the  work,  and 
offering  the  help  of  their  purses  if  fit  men  might  be  procured 
to  go  over,  inquiry  was  made  whether  any  would  be  willing  to 
engage  their  persons  in  the  voyage.  By  this  inquiry  it  fell 
out  that  among  others  they  lighted  at  last  on  Master  Endecott, 
a  man  well  known  to  divers  persons  of  good  note,  who  mani 
fested  much  willingness  to  accept  of  the  offer  as  soon  as  it  was 
tendered;  which  gave  great  encouragement  to  such  as  were 
upon  the  point  of  resolution  to  set  on  this  work  of  erecting  a 
new  Colony  upon  the  old  foundation.  Hereupon  divers  persons 
having  subscribed  for  the  raising  of  a  reasonable  sum  of  money, 
a  patent  was  granted  with  large  encouragements  every  way  by 
his  most  excellent  Majesty.  Master  Endecott  was  sent  over 
Governor1  assisted  with  a  few  men,  and  arriving  in  safety 
there  in  September,  1628,  and  uniting  his  own  men  with  those 
which  were  formerly  planted  in  the  country  into  one  body, 
they  made  up  in  all  not  much  above  fifty  or  sixty  persons. 

His  prosperous  journey,  and  safe  arrival  of  himself  and  all 
his  company,  and  good  report  which  he  sent  back  of  the  country, 
gave  such  encouragement  to  the  work,  that  more  adventurers 
joining  with  the  first  undertakers,  and  all  engaging  themselves 
more  deeply  for  the  prosecution  of  the  design,  they  sent  over 
the  next  year  about  three  hundred  persons  more,  most  servants, 
with  a  convenient  proportion  of  rotherbeasts,  to  the  number 
of  sixty  or  seventy,  or  there  about,  and  some  mares  and  horses  ; 
of  which  the  kine  came  safe  for  the  most  part,  but  the  greater 
part  of  the  horses  died,  so  that  there  remained  not  above 
twelve  or  fourteen  alive. 


1  White  gets  the  order  of  events  wrong  here.    E5ndicott  came  before  the 
charter  was  secured. 


136          THE  FOUNDING  OF  MASSACHUSETTS 

By  this  time  the  often  agitation  of  this  affair  in  sundry 
parts  of  the  kingdom,  the  good  report  of  Captain  Endecott's 
government,  and  the  increase  of  the  Colony,  began  to  waken 
the  spirits  of  some  persons  of  competent  estates,  not  formerly 
engaged.  Considering  that  they  lived  either  without  any 
useful  employment  at  home,  and  might  be  more  serviceable  in 
assisting  the  planting  of  a  Colony  in  New  England,  [they]  took 
at  last  a  resolution  to  unite  themselves  for  the  prosecution  of 
that  work.  And,  as  it  usually  falls  out,  some  other  of  their 
acquaintance,  seeing  such  men  of  good  estates  engaged  in 
the  voyages,  some  for  love  to  their  persons,  and  others  upon 
other  respects,  united  unto  them  ;  which  together  made  up  a 
competent  number,  (perhaps  far  less  than  is  reported,)  and 
embarked  themselves  for  a  voyage  to  New-England,  where  I 
hope  they  are  long  since  safely  arrived  [a  reference  to  John 
Winthrop's  expedition]. 

This  is  an  impartial  though  brief  relation  of  the  occasion  of 
planting  of  this  Colony.  The  particulars  whereof,  if  they 
could  be  entertained,  were  clear  enough  to  any  indifferent 
judgment,  that  the  suspicious  and  scandalous  reports  raised 
upon  these  gentlemen  and  their  friends,  (as  if,  under  the  color 
of  planting  a  Colony,  they  intended  to  raise  and  erect  a  sem 
inary  of  faction  and  separation,)  are  nothing  else  but  the  fruits 
of  jealousy  of  some  distempered  mind,  or,  which  is  worse, 
perhaps,  savor  of  a  desperate  malicious  plot  of  men  ill  affected 
to  religion,  endeavoring,  by  casting  the  undertakers  into  the 
jealousy  of  State,  to  shut  them  out  of  those  advantages  which 
otherwise  they  do  and  might  expect  from  the  countenance  of 
authority.  Such  men  would  be  intreated  to  forbear  that  base 
and  unchristian  course  of  traducing  innocent  persons  under 
these  odious  names  of  Separatists  and  enemies  to  the  Church 
and  State,  for  fear  lest  their  own  tongues  fall  upon  themselves 
by  the  justice  of  His  hand  who  will  not  fail  to  clear  the  inno- 
cency  of  the  just,  ajid  to  cast  back  into  the  bosom  of  every 
slanderer  the  tilth  that  he  rakes  up  to  throw  in  other  men's 


FIRST  CHARTER  FOR  MASSACHUSETTS  BAY        137 

faces.  As  for  men  of  more  indifferent  and  better  tempered 
minds,  they  would  be  seriously  advised  to  beware  of  entertain 
ing  and  admitting,  much  more  countenancing  and  crediting 
such  uncharitable  persons  as  discover  themselves  by  their 
carriage,  and  that  in  this  particular,  to  be  men  ill  affected 
towards  the  work  itself,  if  not  to  religion,  at  which  it  aims, 
and  consequently  unlikely  to  report  any  truth  of  such  as 
undertake  it. 

63.    The  First  Charter  for  Massachusetts  Bay 
March  4/14,  1628/1629 

The  text  follows  the  copy  of  the  charter  in  the  Massachusetts  Colonial 
Records,  I,  3-19.  The  charter  had  been  printed  earlier  (1769)  in 
Hutchinson's  Collections  of  Original  Papers,  but  with  a  somewhat  less 
faithful  text.  The  document  is  more  than  usually  verbose,  and,  if 
printed  in  full,  it  would  occupy  six  times  the  space  given  it  in  this 
volume.  Every  grant  and  provision  of  any  importance,  however,  is 
given  or  summarized  in  the  following  pages. 

[Recital  of  the  patent  of  1620  to  the  Council  for  New  Eng 
land,  and  the  subsequent  grant1  by  the  Council,  in  March, 
1627/8,  to  Sir  Henry  Rose  well  and  others,  which  grant  is  by 
this  present  charter  confirmed.] 

AND  FURTHER  know  yee,  That  .  .  .  Wee  ...  by  theis 
presents  doe  .  .  .  give  and  graunt  unto  the  said  Sir  Henry 
Rosewell,  Sir  John  Younge,  Sir  Richard  Saltonstall,  Thomas 
Southcott,  John  Humfrey,  John  Endecott,  Syrnon  Whetcombe, 
Isaack  Johnson,  Samuell  Aldersey,  John  Ven,  Mathewe 
Cradock,  George  Harwood,  Increase  No  well,  Richard  Pery, 

iThis  grant  included  the  territory  granted  by  the  New  England  Council  to 
Gorges  in  1623.  This  was  due,  no  doubt,  to  geographical  ignorance.  Ferdi- 
nando  Gorges  ("  Briefe  Narration,"  in  Mass.  Hist.  Soc.  Coll.,  Third  Series,  V, 
80),  after  explaining  how  the  new  Company  came  to  ask  for  a  grant  from  the 
New  England  Council,  adds:  "  to  which  it  pleased  the  thrice  honored  Lord  of 
Warwick  to  write  to  me  [from  London],  then  at  Plymouth,  to  condescend  that 
a  Patent  might  be  granted.  .  .  .  Whereupon  I  gave  my  approbation  so  far 
forth  as  it  might  not  be  prejudicial  to  my  son  Robert  Gorges'  interests,  lohereof 
he  had  a  patent."  Gorges  always  felt  that  the  grant  to  the  Massachusetts 
Bay  Company  had  worked  a  great  injustice  to  his  family.  Cf.  American 
History  and  Government,  §§  57,  note,  61. 


138  THE   FOUNDING  OF  MASSACHUSETTS 

Richard  Bellingham,  Nathaniel  Wright,  Samuell  Vassal], 
Theophilus  Eaton,  Thomas  Goffe,  Thomas  Adams,  John 
Browne,  Samuell  Browne,  Thomas  Hutchins,  William  Vassal  1, 
William  Pinchion,  and  George  Foxcrofte,  theire  heires  and 
assignes,  All  that  parte  of  Newe  England  in  America  which 
lyes  and  extendes  betweene  a  great  river  there  commonlie 
called  Monomack  river,  alias  Merrimack  river,  and  a  certen 
other  river  there  called  Charles  river,  being  in  the  bottome  of 
a  certen  bay  there  commonlie  called  Massachusetts,  alias 
Mattachusetts,  alias  Massatusetts  bay :  And  also  all  and  sin- 
guler  those  landes  and  hereditaments  whatsoever,  lyeing 
within  the  space  of  three  Englishe  myles  on  the  south  parte  of 
the  saide  river  called  Charles  river,  or  of  any  or  every  parte 
thereof:  And  also  all  and  singuler  the  landes  and  heredita 
ments  whatsoever  lyeing  and  being  within  the  space  of  three 
Englishe  myles  to  the  southward  of  the  southernmost  parte  of 
the  said  baye  called  Massachusetts  .  .  .  :  And  also  all  those 
landes  and  hereditaments  whatsoever  which  lye  and  be  within 
the  space  of  three  English  myles  to  the  northward  of  the  saide 
river  called  Monomack,  alias  Merrymack,  or  to  the  northward 
of  any  and  every  parte  thereof,  and  all  landes  and  heredita 
ments  whatsoever,  lyeing  within  the  lymitts  aforesaide,  north 
and  south,  in  latitude  and  bredth,  and  in  length  and  longitude, 
of  and  within  all  the  bredth  aforesaide,  throughout  the  mayne 
landes  there  from  the  Atlantick  and  westerne  sea  and  ocean  on 
the  east  parte,  to  the  south  sea  on  the  west  parte  :  .  .  .  [with 
mines  and  fisheries,  to  be  held  in  free  soccage,  paying  one- 
fifth  part  of  gold  and  silver  ore.  Incorporation,  "by  the  name 
of  the  Governor  and  Company  of  the  Mattachusetts  Bay  in 
New  England,"  with  succession  and  rights  at  law  common  to 
corporations,  and  with  a  seal.] 

And  wee  doe  hereby  .  .  .  graunte,  That  .  .  .  there  shalbe 
one  Governor,  one  Deputy  Governor,  and  eighteene  Assistants 
...  to  be  from  tyme  to  tyme  .  .  .  chosen  out  of  the  freemen 
of  the  saide  Company,  for  the  tyme  being,  in  such  manner  and 
forme  as  hereafter  in  theis  presents  is  expressed.  Which  said 


FIRST   CHARTER  FOR  MASSACHUSETTS   BAY      139 

officers  shall  applie  themselves  to  take  care  for  the  best  dis- 
poseing  and  ordering  of  the  generall  buysines  and  affaires  of 
.  .  .  the  saide  landes  and  premisses  .  .  .,  and  the  plantacion 
thereof,  and  the  government  of  the  people  there. 

[Appointment  of  Craddock  and  Goffe  as  first  Governor  and 
Deputy,  and  of  eighteen  of  the  others  named  in  the  opening  of 
the  grant  as  Assistants,  "  to  continue  in  their  offices  for  such 
time  ...  as  in  these  presents  is  hereafter  declared,"  Governor 
or  Deputy  to  call  meetings  of  the  Company.]  And  that  the 
said  Governor,  Deputie  Governor,  and  Assistants  .  .  .  shall 
or  maie  once  every  moneth,  or  oftener  at  their  pleasures,  as 
semble,  and  houlde,  and  keepe  a  Courte  or  Assemblie  of 
themselves,  for  the  better  ordering  and  directing  of  their 
affaires.  [Seven  or  more  Assistants,  with  the  Governor  or 
Deputy  Governor,  to  be  a  sufficient  Court]  and  that  there 
shall  or  maie  be  held  .  .  .  upon  every  last  Wednesday  in 
Hillary,  Easter,  Trinity,  and  Michas  termes  respectivelie  for 
ever,  one  greate,  generall,  and  solemne  Assemblie,  which  foure 
Generall  Assemblies  shalbe  stiled  and  called  the  Foure  Greate 
and  Generall  Courts  of  the  saide  Company :  IN  all  and  every 
or  any  of  which  saide  Greate  and  Generall  Courts  soe  as 
sembled,  WEE  DOE  .  .  .  graunte  .  .  .  That  the  Governor,  or, 
in  his  absence,  the  Deputie  Governor  .  .  .  and  such  of  the 
Assistants  and  freemen  ...  as  shalbe  present,  or  the  greater 
nomber  of  them  soe  assembled,  whereof  the  Governor  or 
Deputie  Governor  and  six  of  the  Assistants,  at  the  least  to  be 
seaven,  shall  have  full  power  and  authoritie  to  choose*  nomi 
nate,  and  appointe  such  and  soe  many  others  as  they  shall 
thinke  fitt,  and  that  shall  be  willing  to  accept  the  same,  to  be 
FREE  of  the  said  Company  and  Body,  and  them  into  the  same 
to  admitt,  and  to  elect  and  constitute  such  officers  as  they  shall 
thinke  fitt  and  requisite  for  the  ordering,  mannaging,  and 
dispatching  of  the  affaires  of  the  saide  Governor  and  Company. 
And  to  make  Lawes  and  Ordinances  for  the  Good  and  Welfare 
of  the  saide  Company  and  for  the  government  and  ordering  of 
the  saide  Lands  and  Plantacions,  and  the  People  inhabiting 


140  THE  FOUNDING  OF  MASSACHUSETTS 

,  .  .  the  same  .  .  .  soe  as  such  Lawes  ...  be  not  contrary 
or  repugnant  to  the  Lawes  and  Statutes  of  this  our  Realm  of 
England.  .  .  .  And  wee  doe  .  .  .  ordeyne,  That  yearely  once 
in  the  yeare  for  ever  hereafter,  namely,  the  last  Wednesday  in 
Easter  tearme  yearely,  the  Governor,  Deputy  Governor,  and 
Assistants  .  .  .  and  all  other  officers  of  the  saide  Company 
shalbe,  in  the  Generall  Court  or  Assembly  to  be  held  for  that 
day  or  tyme, -newly  chosen  for  the  yeare  ensueing  by  such 
greater  parte  of  the  said  Company  for  the  tyme  being,  then 
and  there  present,  as  is  aforesaide. 

[Vacancies  caused  by  the  death  or  removal  of  any  officer  of 
the  Company  may  be  tilled  by  new  elections.  All  officers  are 
required  to  take  an  oath  for  the  faithful  performance  of  their 
duties.  Permission,  in  the  usual  terms,  to  transport  to  America 
English  subjects  who  offer  themselves  and  who  are  not 
especially  restrained  by  the  King,  with  the  usual  guarantee  of 
the  rights  of  Englishmen  to  such  emigrants  and  their  descend 
ants,  and  with  the  usual  long  clauses  granting  certain  tariff 
privileges  to  the  Company.] 

And  that  the  Governor  or  Deputie  Governor  ...  or  either 
of  them,  and  any  two  or  more  of  such  of  the  saide  Assistants  as 
may  be  there  unto  appointed  .  .  .  shall  and  maie  at  all  Tymes, 
and  from  Tyme  to  Tyme  hereafter,  have  full  Power  and  Au 
thority  to  minister  and  give  the  Oathe  and  Oathes  of  Supremacie 
and  Allegiance,  or  either  of  them,  to  all  and  everie  Person  and 
Persons  which  shall  at  any  Tyme  .  .  .  pass  to  the  Landes 
.  .  .  hereby  mencioned.  .  .  . 

AND  wee  doe  .  .  .  graunt  .  .  .  ,  That  it  shall  ...  be  lawf  all 
to  and  for  the  Governor  or  Deputie  Governor  and  such  of  the 
Assistants  and  Freemen  of  the  said  Company  ...  as  shalbe 
assembled  in  any  of  their  Generall  Courts  aforesaide,  or  in  any 
other  Courtes  to  be  specially  summoned  and  assembled  for 
that  purpose,  or  the  greater  parte  of  them,  (whereof  the  Gover 
nor  or  Deputie  Governor  and  six  of  the  Assistants,  to  be  alwaies 
seaven,)  from  tyme  to  tyme  to  make,  ordeine,  and  establishe  all 
manner  of  wholesome  and  reasonable  orders,  lawes,  statutes, 


FIRST   CHARTER  FOR  MASSACHUSETTS  BAY      141 

and  ordinances,  directions,  and  instructions  not  contrarie  to  the 
lawes  of  this  our  realme  of  England,  aswell  for  setling  of  the 
formes  and  ceremonies  of  government  and  magistracy  fitt  and 
necessary  for  the  said  plantation  and  the  inhabitants  there,  and 
for  nameing  and  stiling  of  all  sortes  of  officers,  both  superior 
and  inferior,  which  they  shall  finde  needefull  for  that  governe- 
ment  and  plantation,  and  the  distinguishing  and  setting  forth 
of  the  severall  duties,  powers,  and  lymytts  of  every  such  office 
and  place,  and  the  formes  of  such  oathes  warrantable  by  the 
lawes  and  statutes  of  this  our  realme  of  England  as  shalbe  re- 
spectivelie  ministred  unto  them,  for  the  execution  of  the  said 
severall  offices  and  places,  as  also  for  the  disposing  and  order 
ing  of  the  elections  of  such  of  the  said  officers  as  shalbe  annu 
al  1,  and  of  such  others  as  shalbe  to  suceede  in  case  of  death  or 
removeall,  and  ministring  the  said  oathes  to  the  newe  elected 
officers,  and  for  impositions  of  lawfull  fynes,  mulcts,  imprison 
ment,  or  other  lawfull  correction,  according  to  the  course  of 
other  corporations  in  this  our  realme  of  England,  and  for  the 
directing,  ruling,  and  disposeing  of  all  other  matters  and  things 
whereby  our  said  people,  inhabitants  there,  inaie  be  soe  reli 
giously,  peaceablie,  and  civilly  governed,  as  their  good  life  and 
orderlie  conversation  maie  wynn  and  incite  the  natives  of  [that] 
country  to  the  knowledg  and  obedience  of  the  onlie  true  God 
and  Savior  of  mankinde,  and  the  Christian  fayth,  which,  in 
our^royall  intention  and  the  adventurers  free  profession,  is  the 
principall  ende  of  this  plantation. 

AXD  WEE  DOE  further  .  .  .  graunte  to  the  saide  .  .  . 
Company  .  .  .  that  it  may  be  lawful  [for  the  Company  and 
its  officers]  from  Tyme  to  Tyme,  and  at  all  Tymes  hereafter, 
for  their  speciall  Defence  and  Safety,  to  incounter,  expulse, 
repell,  and  resist  by  Force  of  Armes,  as  well  by  Sea  as  by 
Lande,  and  by  all  fitting  Waies  and  Meanes  whatsoever,  all 
such  Persons  as  shall  at  any  Tyme  hereafter  attempt  or  enter 
prise  the  Destruction,  Invasion,  Detriment,  or  Annoyance  to 
the  saide  Plantation  .  .  .  [with  the  usual  clause  reserving  to 
the  English  King  the  privilege  of  disavowing  wrongful  acts 


142  THE  FOUNDING  OF  MASSACHUSETTS 

by  the  colony  if  he  prefer  to  put  it  out  of  his  allegiance,  and 
without  the  usual  half  of  the  "expulse"  clause  relating  to 
settlers  who  "  may  attempt  to  inhabit "  in  the  colony  without 
the  permission  of  the  Company ;  provided  further  that  other 
Englishmen  may  fish  on  the  coasts  of  the  colony ;  and  with 
the  usual  clause  promising  the  Company  the  most  favorable 
construction  of  any  disputed  clause.] 

[Hints  for  Study.  —  1. —  Early  New  England  historians  assumed  that  this 
charter  gave  unusual  powers.  A  comparison  with  the  Virginia  Company 
charters  of  1609  and  1612,  or  with  the  New  England  Council  charter  of 
1620,  shows  this  assumption  wholly  false.  Students  may  be  asked  to  find 
four  important  powers  given  to  those  earlier  corporations  and  not  con 
tained  in  this  grant  (noting  the  limited  authority  here  in  the  inflictions  of 
punishment,  and  the  omission  of  the  power  to  regulate  settlement  in  con 
nection  with  the  usual  "expulse,  repel,  etc."  clause).  The  charter  is 
not  "very  liberal,1'  but  very  limited.  This  is  more  apparent  when  we 
notice  that  all  these  powers  missing  in  this  charter  (or  vaguely  phrased 
here)  reappear  in  the  usual  explicit  form  in  the  charter  granted  a  few 
months  later  to  the  company  for  planting  Providence  Isle  (No.  55, 
below). 

2.  —  American  historians  (e.  g.  John  Fiske,  in  Beginnings  of  New  Eng 
land}  have  often  assumed  that  this  charter  used  loose  language  as  to  the 
oath  of  supremacy  in  order  that  the  Puritans  might  set  up  their  own  form 
of  worship.    The  wording,  however,  is  practically  identical  with  that  of  the 
Virginia  Company  charter  of  1612 — from  which  unquestionably  it  was 
copied,  with  only  the  necessary  changes  of  names.     (Let  students  verify 
this  statement.) 

3.  —  With  the  overthrow  of  these  false  assumptions  goes  another  (in 
great  measure)  founded  upon  them,  —  i.e.   that  the  Puritans  intended, 
when  they  were  securing  this  charter,  to  bring  it  to  America  and  use  it  as 
a  constitution  for  a  free  state.     This  assumption,  however,  is  worth  fur 
ther  investigation  by  the  student,  because  it  offers  so  admirable  a  lesson 
in  historical  criticism. 

A  single  sentence  of  Governor  John  Winthrop's  has  been  taken  often 
as  sufficient  proof  that  the  grantees  so  intended.  Indeed  (except  for  the 
groundless  assumptions  of  1  and  2  above,  and  for  the  equally  worthless 
consideration  discussed  in  4  below)  there  is  no  other  evidence.1  Win- 

1  The  very  obscure  sentence  of  Sir  Ferdinando  Gorges,  written  even  later 
than  Winthrop's  one  sentence,  carries  a  like  implication  ;  but  it  contains 


FIRST  CHARTER  FOR  MASSACHUSETTS  BAY      143 

throp  states  that,  in  drawing  up  the  charter,  there  was  at  first  a  clause 
which  would  have  fixed  the  Company  in  England,  "and,  with  much 
difficulty,  we  got  it  abscinded."  Winthrop  is  high  authority.  But  this 
sentence  was  written  fifteen  years  after  the  event,  and  it  is  interjected 
hastily,  as  a  parenthesis,  in  a  bitter  controversy  (Life  and  Letters,  II, 
p.  443).  It  could  have  been  only  "hearsay"  at  the  best ;  since  Win 
throp  did  not  belong  to  the  Company  until  some  months  after  the  charter 
was  secured  (though  he  seems  to  have  forgotten  that  for  the  moment 
when  he  says  "  we  ").  Such  evidence  would  prove  little  in  a  law  court, 
even  if  there  were  no  evidence  on  the  other  side. 

But  there  is  evidence  on  the  other  side,  —  abundant,  conclusive,  un 
impeachable. 

(1)  The  abstract  of  the  charter  (docket)  presented  to  the  king  by  his 
legal  advisors  shows  with  absolute  certainty  that  they  and  the  grantor 
expected  the  charter  powers  to  be  exercised  "here  in  England"  (No.  54 
below) . 

(2)  The  official  records  of  the  Company,  made  at  the  time,  declare 
explicitly  that  Governor  Cradock's  proposal  to  transfer  the  charter  to 
America  (five  months  after  it  was  granted)  was  "  conceived  by  himself." 
Further,  the  general  tenor  of  those   records  for  those  five  intervening 
months  agree  wholly  with  the  idea  that  the  Company  then  had  no  thought 
of  leaving  England  (see  some  extracts,  No.  57  below),  and  they  contain, 
in  their  fifty  odd  pages,  no  single  suggestion  of  the  other  sort.     Most  con 
clusive  of  all,  the  Records  show  that  even  after  the  surprised  Company 
had  come  to  look  with  approval  upon  Cradock's  proposal,  they  could  not 
easily  adjust  their  plans  and  financial   interests  to  the  new  movement. 
(Advanced  students  will  find  the  proof  in  the  Records.     It  is  impossible  to 
represent  them  here  in  the  necessary  complete  detail  to  show  this.     It 
may  be  added,  however,  that  Cradock's  proposal  of  July  28  was  first 
debated,  then  deferred  a  month  for  secret  consideration  ;  then  debated, 
in  two  meetings,  by  assigned  sets  of  debaters  for  the  two  sides  of  the 
argument;   then  legal  advice  was  sought,  with  what  result,  we  don't 
know  ;  and  afterwards  many  plans  were  discussed  as  to  how  the  transfer 
could  be  made  without  "prejudicing"  the  interests  of  the  majority  of 
the  Company l .     See  Nos.  57,  58,  for  some  of  the  evidence.) 

Of  the   110  members  of  the   Company  in   England,  only  about  one 

such  gross  errors  of  chronology  about  external  events  that  it  can  carry  DO 
weight  at  all  as  to  motives  of  his  adversaries  (Mass.  Hist.  Society  Collec 
tions,  Third  Series,  VI,  80) . 

1  Curiously,  even  Osgood,  almost  infallible  in  colonial  history,  refers  only 
to  Winthrop's  sentence  (with  justifiable  caution,  to  be  sure),  without  any 
reference  to  the  contrary  evidence  in  the  Records. 


144  THE  FOUNDING   OF  MASSACHUSETTS 

fourth  ever  came  to  America.  Cradock  himself  never  came,  —  though  he 
had  lands  and  servants  here.  Most  of  the  members,  who  stayed  in  Eng 
land,  lost  all  their  investment  eventually.  Indeed,  in  the  summer  of 
1629,  the  Company  was  already  in  serious  financial  straits.  A  special 
inventory,  in  the  fall,  rated  the  stock  at  only  one  third  the  face  value. 
This  condition  may  have  inclined  some  stockholders  to  favor  Cradock's 
proposition  in  July.  The  funds  paid  in  for  stock  by  Winthrop  and  other 
new  members  made  it  possible  for  old  members  to  draw  out  (on  this  re 
duced  scale) .  In  this  sense,  the  new  members  "  bought "  out  some  of  the 
old  ones. 

4.  —  No  place  of  meeting  is  suggested  in  the  charter.  This  probably 
resulted  from  the  fact  that  the  Company  was  made  up  partly  of  Lon 
doners,  partly  of  Dorchester  men  (from  the  West  of  England  ;  cf . 
American  History  and  Government,  §  57).  All  such  previous  colonizing 
corporations  for  America  had  been  designated  geographically  (probably 
for  convenient  descriptions,  rather  than  for  limitation) .  But  the  "  Council 
of  Plymouth  in  the  County  of  Devon"  had  never  held  a  meeting  at 
Plymouth :  its  records  show  that  all  its  meetings  were  held  at  London. 
This  fact  may  have  helped  to  make  the  even  more  composite  Massachu 
setts  Company  wary  about  having  a  place  of  meeting  mentioned  in  their 
fundamental  law.  If  John  Winthrop  is  right  in  his  statement  of  fifteen 
years  later  (above)  that  such  a  limitation  was  at  first  put  into  this  document 
and  that  "with  much  difficulty  we  got  it  abscinded,"  then  we  may  be 
sure  that  the  Company  desired  that  elision,  not  in  order  that  they  might 
hold  meetings  in  America  (as  Winthrop  afterward  assumed),  but  to 
prevent  their  being  hampered  in  England.  This  view  is  made  practically 
certain  when  we  observe  the  clause  regarding  place  of  meeting  in  the 
charter  of  the  Providence  Isle  Company  (below) .  That  company  certainly 
never  expected  to  hold  its  meetings  out  of  England,  but  it  guards  against 
being  hampered,  not  by  mere  silence,  but  by  express  provision  that  it 
may  meet  where  it  likes.] 

54.  Docket  of  the  Massachusetts  Charter,  1629 

When  the  king  granted  a  charter,  an  exact  copy,  known  as  "  the 
King's  Bill,"  was  presented  to  him,  with  a  docket,  or  abstract,  approved 
by  his  Attorney-General.  This  docket  was  what  the  king,  or  his  council, 
read. 

The  following  docket,  now  attached  to  the  King's  Bill  of  this  charter 
in  the  London  Record  Office,  is  printed  in  the  Massachusetts  Historical 
Society  Proceedings  for  1869-1870,  pages  172-173.  The  italics  are  used 
in  this  reproduction  to  call  attention  to  important  matters. 


DOCKET  OF  THE  MASSACHUSETTS  CHARTER       145 

May  it  please  your  most  Excellent  Majestic. 

Whereas  your  Majesties  most  deare  and  royall  father  did, 
by  his  letteres  Patents  in  the  18th  yeare  of  his  raigne,  incorpo 
rate  divers  noblemen  and  others  by  the  name  of  the  Councell 
for  the  planting  of  New  England  in  America  and  did  thereby 
grant  unto  them  all  that  part  of  America  which  lyeth  betweene 
40  degrees  of  Northerly  latitude  and  48  inclusive,  —  with  divers 
priviledges  and  immunities.  .  .  .  Which  said  Councell  have 
sithence  by  theire  Charter  in  March  last  [1628]  granted  a 
part  of  that  Continent  to  Sir  Henrie  Rosewell  and  others,  their 
heires  and  associates,  for  ever,  with  all  jurisdiccions,  rightes, 
priviledges,  and  commodities  of  the  same. 

Tliis  Bill  conteineth  your  Majesties  confirmation  and  Grant 
to  the  said  Sir  Henry  Rosewell  and  his  partners  and  their 
Associates  and  to  their  heires  and  assignes  for  ever  of  the  said 
part  of  New  England  in  America,  with  the  like  tenure  in 
socage  and  reservacion  of  the  fifth  part  of  gould  and  silver 
oare,  —  Incorporating  them  also  by  the  name  of  the  Governor 
and  Company  of  the  Mattachusetts  Bay  in  New  England  in 
America,  —  with  such  clauses  for  the  electing  of  Governors 
and  Officers  here  in  England  for  the  said  Company,  and  powers 
to  make  lawes  and  Ordinances  for  setling  the  Governement  and 
Magistracie  of  the  plantacion  there,  and  with  such  exempcions 
from  Custoraes  and  Imposicions  and  some  [such  ?]  other  priv- 
illedges  as  were  originallie  granted  to  the  Councell  aforesaid 
and  are  usuallie  allowed  to  Corporations  in  England. 

And  is  done  by  direccion  from  the  Lord  Keeper  upon  your 
Majesties  pleasure  therein  signified  to  his  Lordship  by  Sir 
Ralph  Freeman. 

(Signed)  Ri.  Shilton. 


146  THE  FOUNDING  OF  MASSACHUSETTS 


65.    Excursus:  For  a  Comparative  Study  of  Charters 

Notes  upon  the  Charter  for  the  Company  of  Westminster  for  the  Plantation 
of  the  Island  of  Providence 

December  4/14,  1630 


This  very  important  charter  has  never  been  printed.  An  abstract  in  the 
Colonial  State  Papers  seemed  so  significant  that  the  editor  of  this  volume 
secured  a  complete  transcript  of  the  charter  from  the  manuscript  in  the 
British  Record  Office.  On  that  transcript,  the  notes  below  are  based. 

The  colony  of  Providence  Isle  was  of  little  weight,  and  the  charter  of 
the  proprietary  Company,  accordingly,  has  received  scant  attention.  That 
document,  however,  issued  twenty-one  months  later  than  that  of  the 
Massachusetts  Bay  Company,  is  in  many  ways  the  culmination  of  the 
series  of  grants  to  English  corporations  foi»  colonizing  purposes.  All  the 
powers  granted  to  proprietaries  in  earlier  charters,  including  those  which 
were  dropped  out  in  the  Massachusetts  charter,  reappear  here  ;  and  in 
some  important  matters  there  is  much  new  detail.  A  study  of  this  doc 
ument  removes  the  last  possible  basis  for  the  claims  of  the  older  New 
England  historians  that  the  Massachusetts  charter  was  in  any  peculiar 
way  adapted  to  the  purpose  of  a  transfer  to  America. 

1.  Puritan  membership.  —  The   incorporators  comprise  the  Earl  of 
Warwick,  Lord  Say  and  Sele,  Sir  Nathaniel  Rich,  Oliver  St.  Johns,  and 
John  Pym,  —  all  prominent  leaders  of  the  Puritan  party,  more  prominent 
than  any  Puritans  in  the  Massachusetts  Company. 

2.  Sectarianism.  —  The  Company  is  given  the  "Patronages  and  Ad- 
vowsons  "  of  "all"  churches  and  chapells, — without  even  a  restriction 
as  to  the  customs  of  the  Church  of  England  (such  as  is  found  in  the 
Baltimore  charter).     If   this  provision  had  been  in  the  Massachusetts 
charter,  Puritan  historians  would  have  found  it  certain  proof  of  an  inten 
tion  to  build  a  non-conformist  state.     The  passage  conferring  authority 
to  impose  the  oath  of  supremacy  is  copied  from  the  charters  of  1612  and 
1629.     No  other  sectarian  restriction  occurs. 

3.  Place  of  meeting.  — The   Company  are  to  govern  themselves  and 
their  settlement  (as  the  Virginia  Company  of  1612  and  the  Massachusetts 
Bay  Company)  in  four  "  General  Courts  "  each  year  ;  but  these  courts  are 
to  be  held  "  in  any  place  or  places  by  themselves  to  be  appointed.'1'1    (And, 
again,  the  Company  is  authorized  to  hold  its  courts  "  in  any  place  or 


A  COMPARATIVE   STUDY  OF  CHARTERS          147 

places  convenient  ").  Surely,  this  disposes  of  the  ancient  argument  that 
the  omission  of  a  specific  place  of  meeting  in  the  Massachusetts  charter 
suggests  an  intention  to  establish  some  place  out  of  England. 

The  facts  as  to  a  specific  meeting  place  for  a  colonizing  corporation  in 
England  seem  to  be  as  follows : 

a.  The  charter  of  1606  establishes  two  sub-companies,  which  neces 
sarily  are  designated  geographically  to  distinguish  one  from  the  other  ; 
and  the  charters  of  1609,  1612,  and  1620  use  geographical  designations, 
necessarily,  to  show  to  which  one  of  those  sub-companies  they  respec 
tively  apply. 

6.  But  the  "  Plymouth  Council'1  (charter  of  1620)  did  not  regard  its 
geographical  designation  as  fixing  its  place  of  meeting,  or  else  it  found 
it  necessary  to  ignore  the  restriction.  All  its  meetings  were  held,  not  at 
Plymouth,  but  in  London. 

c.  The  Massachusetts  Bay  Company  was  made  up  of  two  bodies  of 
men,  one  from  the  east,  one  from  the  west  of  England.     This  fact,  to 
gether  with  the  experience  of   the   Plymouth   Council,    probably   made 
them  unwilling  to  have  a  place  of  meeting  fixed  in  their  charter. 

d.  The  Providence  Isle  charter  carries  this  development,  as  suggested 
above,  to  its  logical  conclusion,  permitting  the  Company  itself  to  fix  the 
places  for  its  meetings.     But  this  last  Company  certainly  never  expected 
to  leave  England.     So  the  old  argument  from  the  omission  of  a  specific 
place  in  the  charter  of  the  Massachusetts  Company  falls  to  the  ground. 

4.  Law  making. — In  the  General  Courts  the  Company  is  empowered 
"to   ordaine   frames   of   Government,  with  all  things  thereto  incident; 
and  to  make  reasonable  lawes  .  .  .  not  being  contrarie  to  the  Lawes  of 
this  our  Realme   of   England  ...  for  the   Government   of    the   Com 
pany  .  .  .  and  of  all  Collonyes  which  shall  be  planted  ...  in  the  said 
Islands  .  .  .  and  to  appoint,  by  such  title  as  they  .  .  .  shall  thinke  good, 
such  .  .  .  offices  and  officers  ...  for  such  Times  and  with  such  powers, 
as  they  shall  thinke  good,  both  for  the  Company  here  within  our  Realme 
of 'England  and  for  the  Collonies  in  the  said  Islands  .  .  .  and  the  said 
Offices  and  Officers  ...  to  alter  .  .  .  and  displace,  and  in  their  places,  to 
appoint  others  .  .  .  and  the  said  Lawes  ...  to  put  into  execution.1'  .  .  . 

5.  Admiralty  jurisdiction  conferred. 

6.  Local  Government.     Power  to  divide  the  territory  into  "  Provinces, 
Counties  .  .  .  Hundreds,  Mannors,11  or  other  units,    and  to  erect  and 
fortify  villages,  etc.,  and  to  grant  letters  of  incorporation  to  towns  and 
burroughs,  "  with  all  Liberties  and  things  unto  Corporations  requisite  and 
usual  within  this  our  Realme  of  England1'  ;    and  to  set  up  markets; 
and  to  constitute  and  appoint  magistrates  and  all  manner  of  officers  for  all 
local  units,  with  fit  legislation  for  them. 


148  THE  FOUNDING  OF  MASSACHUSETTS 

7.  Power  of  punishment  to  extend  to   "  life  and  members,"   with 
authority  to  exercise  martial  law. 

8.  Right  to  settle  restricted  to  those  having  a    license    from    the 
Company. 

9.  Rights  of  Englishmen  guaranteed  to  settlers  and  their  posterity. 

10.  Company  to  coin  money  (not  gold  or  silver). 

11.  Repetition  of  the  usual  privileges  granted  in  earlier  charters,  and 
a  "  blanket  clause  "  promising  the  Company  "  all  such  Prerogatives,"  etc., 
as  have  ever  been  granted  to  any  colonizing  Company  in  England. 

56.   The  Massachusetts  Company's  Agreement  with  Mr. 
Higginson 

Alexander  Young's  Chronicles  of  Massachusetts  (1846) ,  209  ff .  Young 
modernized  the  spelling.  On  March  19,  at  a  meeting  of  the  Company,  it 
had  been  decided  to  try  to  secure  Higginson  for  the  coming  voyage. 

A  true  note  of  the  allowance  that  the  New-England  [Massa 
chusetts  Bay~\  Company  have,  by  common  consent  and  order  of 
their  Court  and  Council,  granted  unto  Mr.  Francis  Higginson, 
Minister,  for  his  maintenance  in  New-England,  April  8,  1629. 

1.  —  Imprimis,  that  30  pounds  in  money  shall  be  forthwith 
paid  him  by  the  Company's  treasurer  towards  the  charges  of 
fitting  himself  with   apparel   and   other   necessaries   for   his 
voyage. 

2.  —  Item,  that  10  pounds  more  shall  be  paid  over  by  the 
said  treasurer  towards  the  providing  of  books    for    present 
use. 

3.  —  Item,  that  he  shall  have  30  pounds   yearly  paid  him 
for  three  years,  to  begin  from  the  time  of  his  first  arrival  in 
New-England,  and  so  to  be  accounted  and   paid  him   at  the 
end  of  every  year. 

4.  —  Item,  that  during  the  said  time,   the   Company  shall 
provide  for  him  and  his  family  necessaries  of  diet,  housing 
and  firewood,  and  shall  be  at  charges  of  transporting  him  into 
New-England  ;  and  at  the  end  of  the  said  three  years,  if  he 
shall  not  like  to  continue  there  any  longer,  to  be  at  the  charge 
of  transporting  him  back  for  England. 


THE  MASSACHUSETTS  COMPANY'S  AGREEMENT     149 

5.  —  Item,  that  in  convenient  time  a  house  shall  be  built, 
and  certain  lands  allotted  thereunto ;  which,  during  his  stay 
in  the  country,  and  continuance  in  the  ministry,  shall  be  for 
his  use;  and  after  his  death  or  removal,  the  same  to  be  for 
succeeding  ministers. 

6.  —  Item,  at  the  expiration  of  the  said  three  years,  a  hun 
dred   acres   of   land   shall  be  assigned  to  him  and  his   heirs 
forever. 

7.  —  Item,  that  in  case  he   shall  depart   this   life   in  that 
country,  the    said    Company    shall   take  care    for   his    widow 
during  her  widowhood  and  abode  in  that  country  and  Planta 
tion  ;  and  the  like  for  his  children  whilst  they  remain  upon 
the  said  Plantation. 

8.  —  Item,  that  the  milk  of  two  kine  shall  be  appointed  to 
wards  the  charges  of  diet  for  him  and  his  family  as  aforesaid, 
and  half  the  increase  of  calves  during  the  said  three  years ; 
but  the  said  two  kine,  and  the  other  half  of  the  increase,  to  re 
turn  to  the  Company  at  the  end  of  the  said  three  years. 

9.  — Item,  that  he  shall  have  liberty  of  carrying  over  bedding, 
linen,  brass,  iron,  pewter,  of  his  own,  for  his  necessary  use  dur 
ing  the  said  time. 

10.  —  Item,  that  if  he  continue  seven  years  upon  the  said 
Plantation,  that  then  a  hundred  acres  of  land  more  shall  be 
allotted  him  for  him  and  his  forever.  .  .  . 

Further,1  though  it  was  not  mentioned  in  the  Agreement, 
but  forgotten,  Mr.  Higginson  was  promised  a  man-servant,  to 
take  care  and  look  to  his  things,  and  to  catch  him  fish  and  fowl, 
and  provide  other  things  needful,  and  also  two  maid-servants, 
to  look  to  his  family. 

1  This  item  is  added  by  Higginson  in  his  written  acceptance  of  the  above 
terms. 


150  THE   FOUNDING  OP  MASSACHUSETTS 


57.    First  Government  in  Massachusetts  Bay  under  the  Company 
in  England;  April,  1629 

Records  of  the  Governor  and  Company  of  Massachusetts  Bay  (1853  ; 
edited  by  Nathaniel  Shurtleff),  1,361  ff. 

The  early  records  were  kept  very  informally, — more  so  than  would 
pass  with  a  high  school  debating  society  to-day.  This  particular  entry  is 
placed  by  the  editor  far  out  of  its  chronological  order,  preserved  as  it  was 
on  a  loose  sheet  of  manuscript.  Previous  to  the  transfer  of  the  Company 
to  America,  the  records  as  printed  would  fill  about  one  hundred  pages  of 
this  volume. 

A  generdll  Court,  holden  at  London,  the  30th  Day  of  Aprill, 
1629,  by  the  Governor  and  Company  of  the  Mattachusetts 
Bay  in  New  England. 

Whereas  the  Kings  most  excellent  Majesty  hath  bin  gra- 
tiously  pleased  to  erect  and  establish  us,  by  his  lettres  pattents, 
under  the  great  seale  of  England,  to  bee  a  body  corporate,  en- 
ty  tuled  the  Governor  and  Company  of  the  Mattachusetts  Bay 
in  New  England,  and  therby  hath  endowed  us  with  many  large 
and  ample  priviledges  and  immunities,  with  power  to  make 
good  and  wholsome  lawes,  and  ordinances  for  the  better  main 
tenance  and  support  of  the  said  priviledges  and  for  the  better 
and  more  orderly  and  regular  government,  to  bee  observed  in 
the  prosecucion  and  propagacion  of  our  intended  voyages  and 
the  plantacion  there,  authorising  us  to  nominate  and  appoint 
and  select  fitt  persons  amoungst  ourselves  for  the  managing, 
ordering,  and  governing  of  our  affaires,  both  in  England  and 
in  the  places  speyed  and  graunted  unto  us  by  vertue  of  his  maj- 
estys  said  charter,  wee  have,  in  the  prosecucion  of  the  said 
power  and  authoritie  given  us  ...  thought  fitt  to  settle  and 
establish  an  absolute  government  at  our  plantacion  in  the  said 
Mattachusetts  Bay  in  New  England,  which,  by  the  vote  and  con 
sent  of  a  full  and  ample  Court  now  assembled,  is  ...  ordered 
as  followeth,  viz. :  — 

That  thirteene  of  such  as  shalbe  reputed  the  most  wyse, 
honest,  expert,  and  discreete  persons  resident  upon  the  said 


FIRST   GOVERNMENT   IN  MASSACHUSETTS  BAY     151 

plantacion,  shall  from  tyme  to  tyme,  and  at  all  tyme  hereafter, 
have  the  sole  managing  and  ordering  of  the  government  and 
our  affaires  there,  who,  to  the  best  of  their  judgments,  are  to 
endeavor  soe  to  settle  the  same  as  may  make  most  to  the  glory 
of  God,  the  furtherance  and  advancement  of  this  hopeful 
plantacion,  the  comfort,  encouragement,  and  future  benefitt  of 
us  and  others,  the  beginners  and  prosecutors  of  this  soe  laud 
able  a  worke.  The  said  13  persons  soe  appointed  to  bee 
entytled  by  the  name  of  the  Governor  and  Councell  of  Londons 
Plantacion  in  the  Mattachusetts  Bay  in  New  England. 

And  having  taken  into  due  consideracion  the  meritt,  worth, 
and  good  desert  of  Captain  John  Endecott,  and  others  lately 
gone  over  from  hence  with  purpose  to  resyde  and  continue 
there,  wee  have,  with  full  consent  and  authoritie  of  this 
Court,  and  by  ereccion  of  hands,  chosen  and  elected  the  said 
Captain  John  Endecott  to  the  place  of  present  Governor  in 
our  said  plantacion. 

Also,  by  the  same  power,  and  with  the  like  full  and  free 
consent,  wee  have  chosen  and  elected  Mr.  Francis  Higgeson, 
Mr.  Samuel  Skelton,  Mr.  Francis  Bright,  Mr.  John  Browne, 
Mr.  Samuel  Browne,  Mr.  Thomas  Graves,  and  Mr.  Samuell 
Sharpe,  these  seaven,  to  bee  of  the  said  councell,  and  doe  here 
by  give  power  and  authoritie  to  the  said  Governor  and  those 
seaven  to  make  choice  of  3  others,  such  as  they,  or  the  greater 
nomber  of  them,  in  their  discrecions,  shall  esteeme  and  con 
ceive  most  fitt  thereunto,  to  bee  also  of  the  said  councell. 

And  to  the  end  that  the  former  planters  there  may  have  noe 
just  occasion  of  excepcion,  as  being  excluded  out  of  the  privi- 
ledges  of  the  Company,  this  Court  are  content,  and  doe  order, 
by  ereccion  of  hands,  that  such  of  the  said  former  planters  as 
are  willing  to  live  within  the  lymitts  of  our  plantacion  shalbe 
enabled,  and  are  hereby  authorized,  to  make  choice  of  2  such 
as  they  shall  thinke  fitt,  to  supply  and  make  upp  the  nomber 
of  12  of  the  said  councell,  one  of  which  12  is,  by  the  Governor 
and  councell,  or  the  major  part  of  them,  to  bee  chosen  Deputie 
to  the  Governor  for  the  tyme  being.  .  .  . 


152  THE  FOUNDING   OF  MASSACHUSETTS 

It  is  further  concluded  on  and  ordered  by  this  Court,  that 
the  said  Governor,  Deputie,  and  councell,  before  named,  soe 
chosen  and  established  in  their  several!  places,  shall  continue 
and  bee  confirmed  therin  for  the  space  of  one  whole  yeare 
from  and  after  the  taking  the  oath,  or  untill  such  time  as  this 
Court  shall  thinke  fitt  to  make  choice  of  any  others  to  succeed 
in  the  place  or  places  of  them  or  any  of  them.  .  .  . 

And  it  is  further  agreed  on  and  ordered,  that  the  Governor 
for  the  tyme  beeing  shall  have  power,  and  is  heereby  author 
ized,  to  call  courts  and  meetings  in  places  and  at  tymes  con- 
venyent,  as  to  his  discrecion  shall  seeme  meete,  which  power 
is  also  conferred  upon  the  Deputie  in  the  absence  of  the  said 
Governor ;  and  the  said  Governor  or  Deputie,  togeather  with 
the  said  councell,  being  chosen  and  assembled  as  aforesaid, 
and  having  taken  their  oaths  respectively  to  their  severall 
places,  they,  or  the  greater  nomber  of  them,  whereof  the 
Governor  or  Deputie  to  bee  always  one,  are  authorized  by  this 
act,  grounded  on  the  power  derived  from  his  majestys  charter, 
to  make,  ordaine,  and  establish  all  manner  of  wholsome  and 
reasonable  lawes,  orders,  ordinances  and  constitucions,  (soe  as 
the  same  bee  noe  way  repugnant  or  contrary  to  the  lawes  of 
the  realme  of  England)  for  the  administring  of  justice  upon 
malefactors,  and  inflicting  condigne  punishment  upon  all  other 
offenders,  and  for  the  furtherance  and  propagating  of  the  said 
plantacion,  and  the  more  decent  and  orderly  government  of  the 
inhabitants  resydent  there. 

[This  establishment  of  a  subordinate  government  in  Massachusetts 
corresponds  to  the  government  in  Virginia  in  1614,  perhaps,  —  before  the 
Virginia  Company  granted  self-government  to  the  settlement.  There  is 
no  hint,  here,  be  it  noted,  that  this  arrangement  was  soon  to  be  super 
seded  by  the  transfer  of  the  English  Company  itself  to  America.  Ten 
meetings  are  recorded  between  the  one  when  these  orders  were  taken 
and  the  one  (next  given  here)  in  which  that  suggestion  first  appears.] 


XII.     THE   COLONY  BECOMES   A   PURITAN 
ENTERPRISE 

68.   Decision  to  Transfer  the  Charter  to  the  Colony 

a.  First  Official  Proposition  to  Transfer  the  Charter  to 

America 

Records  of  the  Governor  and  Company  of  Massachusetts  Bay,  I,  47-51. 

A  Generall  Court,  holden  for  the  Company  of  the  Mattachu setts 
Bay,  in  New  England,  at  Mr.  Deputies  House,  on  Tewsday, 
the  28  of  July,  1629. 

Present,  MR.  SPURSTOWE, 

MR.  MATTHEW  CRADOCK,  MR.  INCREASE  NOELL, 

Governor,  MR.  SYMON  WHETCOMBE, 

MR.  THOMAS  GOFF,  Deputie,  MR.  JOHN  POCOCKE, 

MR.  GEORGE  HARWOOD,  MR.  COLSON, 

Treasurer,  MR.  HUTCHINS, 

MR.  THOMAS  ADAMS,  MR.  WILLIAM  PINCHON, 

MR.  NATHANIELL  WRIGHT,  MR.  SAMUEL  VASSAIL, 
MR.  THEOPHILUS  EATON,  Assistants, 

MR.  RICHARD  PERRY,  MR.   THOMAS  HEWSON, 

MR.  JOSEPH  BRADSHAWE,  MR.  WOODGATE, 

MR.  BURNELL,  MR.   WEB, 

MR.  RIVET,  MR.  CRANE,  Generalise. 
MR.  DANIEL  BALLARD, 

...  [A  long  meeting  with  much  business] 

And  lastly,  Mr.  Governor  read  certaine  proposicions  con 
ceived  by  himselfe,  viz,  that  for  the  advancement  of  the  plan- 
tacion,  the  inducing  and  encouraging  persons  of  ivorth  and 
qualitie  to  transplant  themselves  and  famylyes  thether,1  and  for 

1  No  doubt  the  movement  that  culminated  in  6  below  was  already  under 
way. 

153 


154     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

other  weighty  reasons  therein  contained,  to  transferr  the 
government  of  the  plantacion  to  those  that  shall  inhabite 
there,  and  not  to  continue  the  same  in  subordinacion  to  the 
Company  heer,  as  it  now  is.  This  business  occasioned  some 
debate;  but  by  reason  of  the  many  great  and  considerable 
consequences  therupon  depending,  it  was  not  now  resolved 
upon ;  but  those  present  are  desired  privately  and  seriously  to 
consider  hereof,  and  to  sett  down  their  particular  reasons  in 
wryting,  pro  and  contra,  and  to  produce  the  same  at  the  next 
Gene  rail  Court,  where,  they  being  reduced  to  heads  and 
maturely  considered  of,  the  Company  may  then  proceede  to  a 
fynall  resolucion  there  [on]  ;  and  in  the  meane  tyme  they  are 
desired  to  carry  this  businesse  secretly,  that  the  same  bee  not 
divulged. 

b.  The  Cambridge  Agreement 

Hutchinson's  Collection  of  Original  Papers  (1769),  25,  26.  Cf. 
American  History  and  Government,  §§  58,  59. 

The  True  Copy  of  the  Agreement  at  Cambridge,  August  26, 

1629. 

Upon  due  consideration  of  the  state  of  the  Plantation  now 
in  hand  for  New-England,  wherein  wee  whose  names  are  here-, 
unto  subscribed,  have  engaged  ourselves,  and  have  weighed 
the  greatnes  of  the  worke  in  regard  of  the  consequence,  God's 
glory,  and  the  Churches  good ;  as  also  in  regard  of  the  diffi- 
cultys  and  discouragements  which  in  all  probabilityes  must 
be  forecast  upon  the  execution  of  this  businesse ;  Considering 
withall  that  this  whole  adventure  grows  upon  the  joynt  con 
fidence  we  have  in  each  others  fidelity  and  resolution  herein, 
so  as  no  man  of  us  would  have  adventured  it  without  assurance 
of  the  rest :  Now,  for  the  better  encouragement  of  ourselves 
and  others  that  shall  joyne  with  us  in  this  action,  and  to  the 
end  that  every  man  may  without  scruple  dispose  of  his  estate 
and  aifayres  as  may  best  fit  his  preparation  for  this  voyage ; 
it  is  fully  and  faithfully  agreed  amongst  us,  and  every  of  us 


DECISION  TO  TRANSFER  THE   CHARTER        155 

doth  hereby  freely  and  sincerely  promise  and  bind  himselfe 
in  the  word  of  a  Christian  and  in  the  presence  of  God,  who 
is  the  searcher  of  all  hearts,  that  we  will  so  really  endeavour 
the  prosecution  of  this  worke,  as  by  God's  assistance,  we  will 
be  ready  in  our  persons,  and  with  such  of  our  several  familyes 
as  are  to  go  with  us,  and  such  provision  as  we  are  able  con 
veniently  to  furnish  ourselves  withall,  to  embarke  for  the 
said  Plantation  by  the  first  of  March  next,  at  such  port  or 
ports  of  this  land  as  shall  be  agreed  upon  by  the  Companie, 
to  the  end  to  passe  the  seas,  (under  God's  protection,)  to  in- 
habite  and  continue  in  New-England :  Provided  always,  that, 
before  the  last  of  September  next,  the  whole  government,  together 
with  the  patent  for  the  said  Plantation,  be  first,  by  an  order 
of  Court,  legally  transferred  and  established  to  remain  with  us 
and  others  which  shall  inhabit  upon  the  said  Plantation:  and 
provided  also,  that  if  any  shall  be  hindered  by  such  just  and 
inevitable  lett  or  other  cause,  to  be  allowed  by  3  parts  of  four 
of  these  whose  names  are  hereunto  subscribed,  then  such 
persons,  for  such  tymes  and  during  such  letts,  to  be  discharged 
of  this  bond.  And  we  do  further  promise,  every  one  for  him 
selfe,  that  shall  fayle  to  be  ready  through  his  own  default  by 
the  day  appointed,  to  pay  for  every  day's  default  the  sum  of 
£3,  to  the  use  of  the  rest  of  the  Companie  who  shall  be  ready 
by  the  same  day  and  time. 

Richard  Saltonstall,  Thomas  Sharpe, 

Thomas  Dudley,  Increase  Nowell, 

William  Vassall,  John  Winthrop, 

Nicholas  West,  William  Pinchon, 

Isaac  Johnson,  Kellam  Broune, 

John  Humfrey,  William  Colburn. 

[Several  of  these  signers  did  not  come  to  America.] 


156     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

e.  Decision  by  the  Company 

Records  of  the  Governor  and  Company  of  Massachusetts  Bay,  I,  49  ff. 

(1)   A  Oenerall  Court,  liolden  at  Mr.  Deputyes  House,  the  28 
of  August,  1629. 

[Present :  25  Names  given.] 

Mr.  Deputie  acquainted  this  Court,  that  the  espetiall  cause 
of  their  meeting  was  to  give  answere  to  divers  gentlemen, 1  in 
tending  to  goe  into  New  England,  whether  or  noe  the  chiefe 
government  of  the  plantacion,  togeather  with  the  pattent,  should 
bee  settled  in  New  England,  or  heere. 

Wherupon  it  was  ordered,  that  this  afternoone  Mr.  Wright, 
Mr.  Eaton,  Mr.  Adams,  Mr.  Spurstowe,  and  such  others  as  they 
should  thinke  fitt  to  call  unto  them,  whether  they  were  of  the 
Company  or  not,  to  consider  of  arguments  against  the  set- 
ling  of  the  chiefe  government  in  New  England. 

And,  on  the  other  syde,  Sir  Richard  Saltonstall,  Mr.  Johnson, 
Captain  Venn,  and  such  others  as  they  should  call  unto  them, 
to  prepare  arguments  for  the  setling  of  the  said  government 
in  New  England ;  and  that  tomorrow  morning,  being  the  29th 
of  August,  at  7  of  the  clock,  both  sydes  should  meete  and 
conferr  and  weigh  each  others  arguments,  and  afterwards,  at  9 
of  the  clock,  (which  is  the  tyme  appointed  of  meeting  for  a 
General  Court,)  to  make  report  therof  to  the  whole  Company, 
who  then  will  determine  this  business. 

(2)    A  General  Court,  at  Mr.  Deputyes  House,  the  29th  of 
August,  1629. 

This  day  the  committees  which  were  appointed  to  meete 
yesterday  in  the  afternoone  to  consider  of  arguments  pro  and 
contra  touching  the  setling  of  the  government  of  the  Companyes 
plantacion  in  New  England,  being  according  to  the  order  of  the 
last  Court  mett  togeather,  debated  their  arguments  and  reasons 

1  See  6  above. 


PURITAN  GENTLEMEN   TO  SETTLE   IN  COLONY      157 

on  both  sydes  ;  where  were  present  many  of  the  Assistants  and 
generalitie ;  and  after  a  long  debate,  Mr.  Deputie  put  it  to  the 
question,  as  followeth : 

As  many  of  yow  as  desire  to  have  the  pattent  and  the  govern 
ment  of  the  plantacion  to  bee  transferred  to  New  England,  soe 
as  it  may  bee  done  legally,  hold  up  your  hands :  Soe  many  as 
will  not,  hold  upp  your  hands. 

Where,  by  ereccion  of  hands,  it  appeared  by  the  general  1  con 
sent  of  the  Company,  that  the  government  and  pattent  should 
bee  setled  in  New  England,  and  accordingly  an  order  to  bee 
drawne  upp. 

[This  by  no  means  settled  the  matter.  The  question  arose  as  to  how  to 
protect  the  property  rights  of  those  stockholders  who  were  to  remain  in 
England,  and  several  meetings  were  devoted  to  consideration  of  various 
plans  proposed.] 

69.  Decision  of  Puritan  Gentlemen  to  Settle  in  the  Colony1 

a.    Winthrop's  Argument  for  a  Puritan  Colony 

Robert  Winthrop's  Life  and  Letters  of  John  Winthrop,  I,  309  ff. 

This  argument  is  generally  ascribed  to  John  Winthrop,  and  one  man 
uscript  of  it  at  least  is  said  to  be  in  his  handwriting.  The  first  printed 
copy  was  made  by  Hutchinson  in  his  Collections,  but  from  a  different 
manuscript. 

Reasons  to  be  considered  for  justifieinge  the  undertakers  of  the 
intended  Plantation  in  New  England,  and  for  incouraginge  such 
whose  hartes  God  shall  move  to  joyne  with  them  in  it. 

1.  —  It  will  be  a  service  to  the  Church  of  great  consequence 
to  carry  the  Gospell  into  those  parts  of  the  world,  to  helpe  on 
the  comminge  of  the  fullnesse  of  the  Gentiles,  and  to  raise  a 
Bulworke  against   the  Kingdome  of   Ante  Christ  which  the 
Je suites  labour  to  reare  up  in  those  parts. 

2.  —  All  other  churches  of  Europe  are  brought  to  desolation, 
and  our  shines,  for  which  the  Lord  beginnes  allreaddy  to  frowne 

1  The  first  document  under  this  number  should  logically  be  a  repetition  of 
the  Cambridge  Agreement,  above. 


158     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

upon  us  and  to  cutte  us  short,  doe  threatne  evill  times  to  be 
comminge  upon  us,  and  whoe  knowes  but  that  God  hath  pro 
vided  this  place  to  be  a  refuge  for  many  whome  he  meanes 
to  save  out  of  the  generall  callamity ;  and  seeinge  the  Church 
hath  noe  place  lefte  to  flie  into  but  the  wildernesse,  what  better 
worke  can  there  be,  then  to  goe  and  provide  tabernacles  and 
foode  for  her  against  she  comes  thither : 

3.  —  This  Land  groives  iveary  of  her  Inhabitants,  soe  as  man, 
whoe  is  the  most  pretioits  of  all  creatures,  is  here  more  vile  and 
base  then  the  earth  we  treade  upon,  and  of  less  prise  among  us 
then  an  horse  or  a  slieepe, :  masters  are  forced  by  authority  to 
entertaine  servants,  parents  to  mainetaine  there  oune  children, 
all  tounes  complaine  of  the  burthen  of  theire  poore,  though  we 
have  taken  up  many  unnessisarie  yea  unlawfull  trades  to  maine 
taine  them,  and  we  use  the  authoritie  of  the  Law  to  hinder  the 
increase  of  our  people,  as  by  urginge  the  Statute  against  Cot 
tages,  and  inmates;  and  thus  it  is  come  to  passe,  that  children, 
servants,   and   neighboures,   especially  if  they  be   poore,  are 
compted  the  greatest  burthens,  which  if  thinges  weare  right 
would  be  the  cheifest  earthly  blessinges. 

4.  —  The  whole  earth  is  the  Lords  garden  and  he  hath  given 
it  to  the  Sonnes  of  men  with  a  general  Commission  :  Gen  :  1 : 
28  :  "  Increace  and  multiplie,  and  replenish  the  earth  and  sub 
due  it,"  which  was  againe  renewed  to  Noah  :  the  end  is  double 
and  naturall,  that  man  might  enjoy  the  fruits  of  the  earth,  and 
God  might  have  his  due  glory  from  the  creature :  why  then 
should  we  stand  striving  here  for  places  of   habitation,  etc. 
(many  men  spending  as  much  labour  and  coste  to  recover  or 
keepe  sometimes  an  acre  or  tuoe  of  Land,  as  would  procure 
them  many  and  as  good  or  better  in  another  Countrie)  and  in  the 
meane  time  suffer  a  whole  Continent  as  fruitfull  and  convenient 
for  the  use  of  man  to  lie  waste  without  any  improvement? 

5.  —  We  are  groune  to  that  height  of  Intemperance  in  all 
excesse  of  Riott,  as  noe  mans  estate  allmost  will  suffice  to  keepe 
saile  with  his  aequalls  :  and  he  whoe  failes  herein,  must  live 
in  scorne  and  contempt.     Hence  it  comes  that  all  artes  and 


PURITAN   GENTLEMEN   TO  SETTLE   IN  COLONY      159 

Trades  are  carried  in  that  deceiptfull  and  unrighteous  course 
as  it  is  allmost  impossible  for  a  good  and  upright  man  to 
mainetayne  his  charge  and  live  comfortablie  in  any  of  them. 

6.  —  The  ffountaines  of  Learning  and  Religion  are  soe  cor 
rupted  as  (besides  the  unsupportable  charge  of  there  education) 
most  children  (even  the  best  witts  and  of  fairest  hopes)  are  per 
verted,  corrupted,  and  utterlie  overthroune  by  the  multitude  of 
evill  examples  and  the  licentious  government  of  those  semi 
naries,  where  men  strains  at  knatts  and  swallowe  camells,  use  all 
severity  for  mainetaynance  of  cappes  and  other  accomplyments, 
but  suffer  all  ruffianlike  fashions  and  disorder  in  manners 
[morals]  to  passe  uncontrolled. 

b.  Winthrop's  Argument  for  Coming  Himself  to  America 

John  Winthrop  sent  the  following  "Considerations"  relating  to  him 
self  to  various  friends  for  their  advice.  Life  and  Letters,  I,  327. 

Particular  Considerations  in  the  case  of  J :  W : 

1 :  It  is  come  to  that  issue  as  (in  all  probabilitye)  the  well- 
fare  of  the  Plantation  dependes  upon  his  goeinge,  for  divers 
of  the  Chiefe  Undertakers  (upon  whom  the  reste  depende) 
will  not  goe  without  him. 

2 :  He  acknowledges  a  satisfactorye  callinge,  outwarde  from 
those  of  the  Plantation,  inwardly  by  the  inclination  of  his 
oim  hearte  to  the  worke,  and  bothe  approved  by  godly  and 
juditious  Devines  (whereof  some  have  the  first  interest  in 
him),  and  there  is  in  this  the  like  mediate  call  from  the  Kinge, 
which  was  to  his  former  imployment. 

3:  Though  his  means  be  sufficient  for  a  comfortable  sub 
sistence  in  a  private  condition  heere,  yet  the  one  halfe  of  them 
being  disposed  to  his  3:  elder  sonnes,  who  are  now  of  age, 
he  cannot  live  in  the  same  place  and  callinge  with  that  which 
remains;  his  charge  being  still  as  great  as  before,  when  his 
means  were  double:  and  so  if  he  should  refuse  this  oppor- 
tunitye,  that  talent  which  God  hath  bestowed  upon  him  for 
publike  service,  were  like  to  be  buried. 


160     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

4 :  His  wife  and  suche  of  his  children,  as  are  come  to  years 
of  discreation,  are  voluntarylye  disposed  to  the  same  Course. 

5:  Most  of  his  friends  (upon  the  former  considerations) 
doe  consent  to  his  change. 

c.  Decision  of  John  Winthrop,  Jr. 

JOHN  WINTHROP,  JR.,  TO  HIS  FATHER 
Winthrop's  Life  and  Letters  of  John  Winthrop,  I,  306-307. 

Sir,  —  My  humble  duty  remembered  to  you  and  my 
mother.  .  .  . 

For  the  business  of  New  England,  I  can  say  no  other  thing 
but  that  I  believe  confidently,  that  the  whole  disposition 
thereof  is  of  the  Lord,  who  disposeth  all  alterations,  by  his 
blessed  will,  to  his  own  glory  and  the  good  of  his;  and, 
therefore,  do  assure  myself,  that  all  things  shall  work  together 
for  the  best  therein.  And  for  myself,  I  have  seen  so  much 
of  the  vanity  of  the  world,  that  I  esteem  no  more  of  the 
diversities  of  countries,  than  as  so  many  inns,  whereof  the 
traveller  that  hath  lodged  in  the  best,  or  in  the  worst,  findeth 
no  difference,  when  he  cometh  to  his  journey's  end;  and  I  shall 
call  that  my  country,  where  I  may  most  glorify  God,  and 
enjoy  the  presence  of  my  dearest  friends.  Therefore  herein 
I  submit  myself  to  God's  will  and  yours,  and,  with  your  leave, 
do  dedicate  myself  (laying  by  all  desire  of  other  employments 
whatsoever)  to  the  service  of  God  and  the  Company  herein, 
with  the  whole  endeavors,  both  of  body  and  mind. 

The  CONCLUSIONS,  which  you  senttdown,  I  showed  to  my 
uncle  and  aunt,  who  liked  them  well.  I  think  they  are  un 
answerable  ;  and  it  cannot  but  be  a  prosperous  action,  which 
is  so  well  allowed  by  the  judgments  of  God's  prophets,  under 
taken  by  so  religious  and  wise  worthies  of  Israel,  and  indented 
to  God's  glory  in  so  special  a  service. 

...  So,  desiring  your  prayers  and  blessing,  I  commend  you 
to  the  Almighty's  protection,  and  rest  Your  obedient  son, 

JOHN  WINTHROP. 
LONDON,  August  21,  1629. 


PURITAN  GENTLEMEN   TO   SETTLE   IN   COLONY   161 


d.  News  from  New  England,  1629 

Higginson's  Relation  is  the  name  under  which  his  New- England's 
Plantation  is  commonly  quoted.  Apparently  he  sent  back  the  manuscript 
in  the  early  fall  (September,  presumably)  of  1629,  some  four  months 
after  his  arrival.  The  little  book  was  printed  in  London  in  1630,  but  be 
fore  that  time  it  (together  with  earlier  letters)  had  had  much  influence  in 
leading  to  the  main  Puritan  migration.  The  selections  below  are  taken 
from  Young's  Chronicles  of  Massachusetts,  where  the  spelling  is 
modernized. 

******* 

The  fertility  of  the  soil  is  to  be  admired  at,  as  appeareth  in 
the  abundance  of  grass  that  groweth  everywhere,  both  very 
thick,  very  long,  and  very  high  in  divers  places.  But  it 
groweth  very  wildly,  with  a  great  stalk,  and  a  broad  and 
ranker  blade,  because  it  hath  never  been  eaten  with  cattle, 
nor  mowed  with  a  scythe,  and  seldom  trampled  on  by  foot. 
It  is  scarce  to  be  believed  how  our  kine  and  goats,  horses  and 
hogs  do  thrive  and  prosper  here,  and  like  well  of  this  country. 

In  our  Plantation  w.e  have  already  a  quart  of  milk  for  a 
penny.  But  the  abundant  increase  of  corn  proves  this  country 
to  be  a  wonderment.  Thirty,  forty,  fifty,  sixty,  are  ordinary 
here.  Yea,  Joseph's  increase  in  Egypt  is  outstripped  here 
with  us.  Our  planters  hope  to  have  more  than  a  hundredfold 
this  year.  And  all  this  while  I  am  within  compass;  what 
will  you  say  of  two  hundred  fold,  and  upwards  ?  It  is  almost 
incredible  what  great  gain  some  of  our  English  planters  have 
had  by  our  Indian  corn.  Credible  persons  have  assured  me, 
and  the  party  himself  avouched  the  truth  of  it  to  me,  that  of 
the  setting  of  thirteen  gallons  of  corn  he  hath  had  increase  of 
it  fifty-two  hogsheads,  every  hogshead  holding  seven  bushels 
of  London  measure,  and  every  bushel  was  by  him  sold  and 
trusted  to  the  Indians  for  so  much  beaver  as  was  worth  eighteen 
shillings ;  and  so  of  this  thirteen  gallons  of  corn,  which  was 
worth  six  shillings  eight  pence,  he  made  about  327  pounds  of 
it  the  year  following,  as  by  reckoning  will  appear ;  where  you 
may  see  how  God  blesseth  husbandry  in  this  land.  There  is 


162     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

not  such  great  and  plentiful  ears  of  corn  I  suppose  any  where 
else  to  be  found  but  in  this  country,  being  also  of  variety  of 
colors,  as  red,  blue,  and  yellow,  etc. ;  and  of  one  corn  there 
springeth  four  or  five  hundred.  I  have  sent  you  many  ears  of 
divers  colors,  that  you  might  see  the  truth  of  it. 

Little  children  here,  by  setting  of  corn,  may  earn  much 
more  than  their  own  maintenance. 

The  temper  of  the  air  of  New-England  is  one  special  thing 
that  commends  this  place.  Experience  doth  manifest  that 
there  is  hardly  a  more  healthful  place  to  be  found  in  the 
world  that  agreeth  better  with  our  English  bodies.  Many 
that  have  been  weak  and  sickly  in  Old  England,  by  coming 
hither  have  been  thoroughly  healed,  and  grown  healthful  and 
strong.  For  here  is  an  extraordinary  clear  and  dry  air.  that 
is  of  a  most  healing  nature  to  all  such  as  are  of  cold,  melan 
choly,  phlegmatic,  rheumatic  temper  of  body  .  .  .  and  therefore 
I  think  it  is  wise  course  for  all  cold  complexions  to  come  to 
take  physic  in  New-England ;  for  a  sup  of  New-England's  air 
is  better  than  a  whole  draught  of  Old  England's  ale. 

60.   Early  Attitude  of  the  Puritan  Colony  to  the  Church  of 

England 

It  is  certain  that  the  Puritans  did  not  expect,  at  first,  to  separate  so  far 
and  so  definitely  from  the  Church  of  England  as  they  very  soon  did  sepa 
rate.  On  this,  cf.  American  History  and  Government,  §  82,  and  observe 
also,  besides  a  and  b  below,  passages  in  No.  52,  close,  and  No.  62  c,  close. 

a.  Winthrop's  Farewell  Letter  to  the  Church  of  England 
April  7/17,  1630 

Hutchinson's  Massachusetts  Say,  Appendix  l''(1769).  About  two 
thirds  the  letter  is  here  reproduced.  Winthrop  is  supposed  to  be  the  au 
thor. 

THE  HUMBLE  REQUEST  of  his  Majesties  Loy  all  Subjects, 
the  Governour  and  the  Company  late  gone  for  New  England;  for 
the  obtaining  of  their  Prayers,  and  the  Removall  of  Suspicions 
and  Misconstructions  of  their  Intentions. 


EARLY  ATTITUDE   OF   THE   PURITAN   COLONY    163 

.  .  .  And  howsoever  your  Charitie  may  have  met  with  some 
Occasion  of  Discouragement  through  the  Misreport  of  our  In 
tentions,  or  through  the  Disaffection  or  Indiscretion  of  some  of 
us,  or  rather  amongst  us :  for  we  are  not  of  those  who  dreame 
of  Perfection  in  this  World ;  yet  wee  desire  you  would  be  pleased 
to  take  Notice  of  the  Principal's  and  Body  of  our  Company,  as 
those  who  esteeme  it  our  honour  to  call  the  Church  of  England, 
from  whence  wee  rise,  our  deare  Mother ;  and  cannot  part  from 
our  native  Countrie,  where  she  specially  resideth,  without  much 
Sadness  of  Heart,  and  many  Tears  in  our  Eyes,  ever  acknowledg 
ing  that  such  Hope  and  Part  as  we  have  obtained  in  the  com 
mon  Salvation,  we  have  received  in  her  Bosome,  and  suckt  it 
from  her  Breasts :  wee  leave  it  not  therefore  as  loathing  that 
milk  wherewith  we  were  nourished  there,  but  blessing  God  for 
the  Parentage  and  Education,  [and]  as  Members  of  the  same 
Body,  [we]  shall  alwaies  rejoice  in  her  Good,  and  unfeignedly 
grieve  for  any  Sorrow  shall  ever  betide  her,  and  while  we  have 
Breath,  sincerely  desire  and  indeavour  the  Continuance  and 
Abundance  of  her  Welfare,  with  the  Inlargement  of  her  Bounds 
in  the  Kingdome  of  CHRIST  JESUS. 

Be  pleased  therefore,  Reverend  FATHERS  and  BRETHREN,  to 
helpe  forward  the  Worke  now  in  Hand ;  which  if  it  prosper,  you 
shall  be  the  more  glorious.  [A  fervent  request  for  prayers.] . .  . 

What  Goodness  you  shall  extend  to  us  in  this  or  any  other 
Christian  Kindnesse,  wee,  your  Brethren  in  Christ  Jesus,  shall 
labor  to  repay  .  .  .  promising,  so  farre  as  God  shall  enable  us, 
to  give  him  no  Rest  on  your  Behalfes,  wishing  our  Heads  and 
Hearts  may  be  Fountains  of  Tears  for  your  everlasting  WTel- 
fare,  when  we  shall  bee  in  our  poor  Cottages  in  the  Wildernesse 
.  .  .  And  so  commending  you  to  the  Grace  of  GOD  in  CHRIST, 
wee  shall  ever  rest, 

Your  assured  Friends  and  Brethren, 

From  Yarmouth,  aboard 
the  Arabella,  April  7,  1630. 

John  Winthrop,  Gov.  [and  six  other  signatures]. 


164     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 


b.  Opinion  of  Captain  John  Smith,  1630 

Smith's  Works  (Birmingham  edition),  926,  958. 

The  following  passages  come  from  the  introduction  to  Smith's  "  Path 
way  to  the  Inexperienced,"  his  last  pamphlet,  written  in  1631,  to  sup 
port  the  Massachusetts  Bay  Colony-.  Smith  wrote  at  the  home  of  a 
brother  of  John  Winthrop's  first  wife,  and  seems  to  have  been  well  ac 
quainted  with  the  Puritan  leaders. 

Pardon  me  if  I  offend  in  loving  that  [which]  I  have  cherished 
truly ,by  the  losse  of  my  prime  fortunes,  meanes,  and  youth.  If 
it  over-glad  me  to  see  Industry  her  selfe  adventure  now  to  make 
use  of  my  aged  ende[a]vours,  not  by  such  (I  hope)  as  rumour 
doth  report,  a  many  of  discontented  Brounists,  Anabaptists, 
Papists,  Puritans,  Separatists,  and  such  factious  Humorists:  for 
no  such  they  will  suffer  among  them,  if  knowne,  as  many  of  the 
chief e  of  them  (John  Winthrop  etc.)  have  assured  mee;  and  the 
much  conferences  I  have  had  with  many  of  them,  doth  confidently 
perswade  me  to  write  thus  much  in  their  behalfe.  .  .  . 

They  have  .  .  .  God's  true  Religion  (they  say)  taught 
amongst  themselves,  the  Sabbath  day  observed,  the  common 
Prayer  (as  I  understand)  and  Sermons  performed,  and  diligent 
catechising  .  .  .  and  commendable  good  orders  to  bring  those 
people  [natives]  with  whom  they  have  to  deale  .  .  .  into  a 
Christian  conversation  .  .  .  which  done,  in  time,  .  .  .  may 
grow  a  good  addition  to  the  Church  of  England. 

[Smith  evidently  had  some  doubts  on  the  matter,  as  his  parenthetical 
expressions  show.  But  he  had  confidence  enough  to  dedicate  this  booklet 
to  the  two  Archbishops  of  Canterbury  and  York."] 

61.  Political  Principles  of  the  Puritans 

From  John  Calvin's  Institutes  (1559 ;  translation  of  1813,  III, 
517-551). 

a.  [Attempt  to  justify  a  union  of  church  and  state] 

III. — Nor  let  anyone  think  it  strange  that  I  refer  to  human 
polity  the  due  maintenance  of  religion  ...  I  do  not  allow 


POLITICAL  PRINCIPLES  OF  THE  PURITANS        165 

men  to  make  laws  respecting  religion  and  the  worship  of  God 
.  .  .  though  I  approve  of  civil  government  which  provides 
that  the  true  religion,  .  .  .  contained  in  the  law  of  God,  be 
not  violated  and  pointed. 

b.   10 f  the  parts  of  government  and  the  supremacy  of 
magistrates'] 

These  are  three.  The  Magistrate,  who  is  the  guardian  and 
conservator  of  the  laws :  The  Laws,  according  to  which  he 
governs :  The  People,  who  are  governed  by  the  laws,  and  obey 
the  magistrate.  .  .  . 

IV.  —  The  Lord  hath  not  only  testified  that  the  function  of 
magistrates  has  his  approbation  and  acceptance,  but  hath 
eminently  commended  it  to  us,  by  dignifying  it  with  the  most 
honourable  titles.  .  .  .  This  is  just  as  if  it  had  been  affirmed, 
that  the  authority  possessed  by  kings  and  other  governors  over 
all  things  upon  earth  is  not  a  consequence  of  the  perverseness 
of  men,  but  of  the  providence  and  holy  ordinance  of  God.  .  .  . 

VII.  —  Those  who  are  not  restrained  by  so  many  testimonies 
of  Scripture,  but  still  dare  to  stigmatize  this  sacred  ministry 
[magistrates]  as  a  thing  incompatible  with  religion  and  Chris 
tian  piety,  do  they  not  offer  an  insult  to  God  himself,  who 
cannot  but  be  involved  in  the  reproach  cast  upon  his  ministry  ? 
And  in  fact  they  do  not  reject  magistrates,  but  they  reject  God, 
"  that  he  should  not  reign  over  them."  .  .  . 

VIII.  —  And  for  private   men,  who  have  no  authority  to  de 
liberate  on  the  regulation  of  any  public  affairs,  it  would  surely  be 
a  vain  occupation  to  dispute   which   would  be  the   best  form  of 
government  in  the  place  where  they  live.  .  .  .     Indeed  if  these 
three  forms  of  government,  which  are  stated  by  philosophers 
[Monarchy,  Aristocracy,  and   Democracy],   be  considered   in 
themselves,  I  shall  by  no  means  deny,  that  either  aristocracy 
or   a  mixture   of  aristocracy   and   democracy   far   excell  all 
others ;  and  that  indeed  not   of   itself,   but   because   it   very 


166     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

rarely  happens  that  kings  regulate  themselves  so  that  their 
will  is  never  at  variance  with  justice  and  rectitude;  or  in  the 
next  place,  that  they  are  indued  with  such  penetration  and 
prudence,  as  in  all  cases  to  discover  what  is  best.  The  vice 
or  imperfection  of  men  therefore  renders  it  safer  and  more 
tolerable  for  the  government  to  be  in  the  hands  of  many,  that 
they  may  afford  each  other  mutual  assistance  and  admonition, 
and  that  if  any  one  arrogate  to  himself  more  than  is  right, 
the  many  may  act  as  censors  and  masters  to  restrain  his 
ambition.  .  .  .  But  if  those,  to  whom  the  will  of  God  has  as 
signed  another  form  of  government,  transfer  this  to  themselves 
so  as  to  be  tempted  to  desire  a  revolution,  the  very  thought  will 
be  not  only  foolish  and  useless,  but  altogether  criminal.  .  .  . 

XIV. — From  the  magistracy  we  next  proceed  to  the  laws, 
which  are  the  strong  nerves  of  civil  polity,  or,  according  to 
an  appellation  which  Cicero  has  borrowed  from  Plato,  the 
souls  of  states,  without  which  magistracy  cannot  subsist. 

•*  #  #  *  #  #  * 

XXII.  —  The  first  duty  of  subjects  towards  their  magistrates 
is  to  entertain  the  most  honourable  sentiments  of  their  func 
tion,  which  they  know  to  be  a  jurisdiction  delegated  to  them  from 
God,  and  on  that  account  to  esteem  and  reverence  them  as 
God's  ministers  and  vicegerents.  For  there  are  some  persons 
to  be  found,  who  shew  themselves  very  obedient  to  their 
magistrates,  and  have  not  the  least  wish  that  there  were  no 
magistrates  for  them  to  obey,  because  they  know  them  to  be 
so  necessary  to  the  public  good;  but  who,  nevertheless,  con 
sider  the  magistrates  themselves  as  no  other  than  necessary 
evils.  But  something  more  than  this  is  required  of  us  by 
Peter,  when  he  commands  us  to  "honour  the  king;"  and  by 
Solomon  when  he  says,  "  Fear  thou  the  Lord  and  the  King :  " 
for  Peter,  under  the  term  honour,  comprehends  a  sincere  and 
candid  esteem  ;  and  Solomon,  by  connecting  the  king  with 
the  Lord,  attributes  to  him  a  kind  of  sacred  veneration  and 
dignity.  .  .  .  The  obedience  which  is  rendered  to  princes  and 


POLITICAL  PRINCIPLES   OF   THE   PURITANS     167 

magistrates  is  rendered  to  God,  from  whom  they  have  received 
their  authority. 

XXIII.  —  Hence  follows  another  duty :  that,  with  minds 
disposed  to  honour  and  reverence  magistrates,  subjects  approve 
their  obedience  to  them,  in  submitting  to  their  edicts,  in  paying 
taxes,  in  discharging  public  duties  and  bearing  burdens  which 
relate  to  the  common  defence,  and  in  fulfilling  all  their  other 
commands.  .  .  .  For,  as  it  is  impossible  to  resist  the  magistrate 
without,  at  the  same  time,  resisting  God  himself,  though  an  un 
armed  magistrate  may  seem  to  be  despised  with  impunity,  yet 
God  is  armed  to  inflict  exemplary  vengeance  on  the  contempt 
offered  to  himself.  Under  this  obedience  I  also  include  the 
moderation  which  private  persons  ought  to  prescribe  to  them 
selves  in  relation  to  public  affairs,  that  they  do  not,  without 
being  called  upon,  intermeddle  with  affairs  of  state,  or  rashly 
intrude  themselves  into  the  office  of  magistrates,  or  undertake 
any  thing  of  a  public  nature.  If  there  be  anything  in  the 
public  administration  which  requires  to  be  corrected,  let  them 
not  raise  any  tumults,  or  take  the  business  into  their  own 
hands,  which  ought  to  be  all  bound  in  this  respect,  but  let 
them  refer  it  to  the  cognizance  of  the  magistrate,  who  is  alone 
authorized  to  regulate  the  concerns  of  the  public. 

XXV.  —  But,  if  we  direct  our  attention  to  the  word  of  God, 
it  will  carry  us  much  further;  even  to  submit  to  the  govern 
ment,  not  only  of  those  princes  who  discharge  their  duty  to 
us  with  becoming  integrity  and  fidelity,  but  of  all  who  possess 
the  sovereignty,  even  though  they  perform  none  of  the  duties  of 
their  function.  For  though  the  Lord  testifies  that  the  magis 
trate  is  an  eminent  gift  of  his  liberality  to  preserve  the  safety 
of  men,  and  prescribes  to  magistrates  themselves  the  extent 
of  their  duty ;  yet  he,  at  the  same  time,  declares,  that  what 
ever  be  their  characters,  they  have  their  government  only  from 
him ;  that  those  who  govern  for  the  public  good  are  true 
specimens  and  mirrors  of  his  beneficence ;  and  that  those  who 


168     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

rule  in  an  unjust  and  tyrannical  manner  are  raised  up  by  him 
to  punish  the  iniquity  of  the  people ;  that  all  equally  possess 
that  sacred  majesty  which  he  hath  invested  with  legitimate 
authority.  .  .  . 

XXIX.  —  But  it  will  be  said,  that  rulers  owe  mutual 
duties  to  their  subjects.  That  I  have  already  confessed.  But 
he  who  infers  from  this  that  obedience  ought  to  be  rendered  to 
none  but  just  rulers,  is  a  very  bad  reasoner.  For  husbands  owe 
mutual  duties  to  their  wives,  and  parents  to  their  children. 
Now,  if  husbands  and  parents  violate  their  obligations,  if 
parents  conduct  themselves  with  discouraging  severity  and 
fastidious  moroseness  towards  their  children,  whom  they 
are  forbidden  to  provoke  to  wrath :  if  husbands  despise  and 
vex  their  wives,  whom  they  are  commanded  to  love  and  to 
spare  as  the  weaker  vessels ;  does  it  follow  that  children 
should  be  less  obedient  to  their  parents;  or  wives  to  their 
husbands  ?  They  are  still  subject,  even  to  those  who  are 
wicked  and  unkind.  .  .  . 

XXXII.  —  But  in  the  obedience  which  we  have  shewn  to 
be  due  to  the  authority  of  governors,  it  is  always  necessary 
to  make  one  exception,  and  that  is  entitled  to  our  first  atten 
tion,  that  it  do  not  seduce  us  from  obedience  to  him,  to  whose 
will  the  desires  of  all  kings  ought  to  be  subject,  to  whose 
decrees  all  their  commands  ought  to  yield,  to  whose  majesty 
all  their  scepters  ought  to  submit.  .  .  . 

62.  Early  Hardships  and  Religious  Matters,  1630-1631 

a.  Extracts  from  Winthrop's  "  History  of  New  England" 

John  Winthrop,  leader  of  the  great  Puritan  migration  of  1630,  while 
on  board  ship,  began  a  "Journal,"  which  gradually  merged  into  a  great 
contemporary  "History.1'  The  work  was  printed  first  in  1790.  A  better 
edition  appeared  in  1853;  and,  that  edition  having  long  been  "out  of 
print,"  the  work  was  reedited  by  Dr.  James  K.  Hosmer  in  1907 
("Original  Narratives"  Series).  The  spelling  and  punctuation  have 
been  modernized  in  all  these  editions. 


EARLY  HARDSHIPS  AND   RELIGIOUS   MATTERS    169 

(1)  [The  Voyage.'] 

April  6,  1630.  [Eight  days  on  board,  but  still  delayed  at 
Yarmouth  in  the  English  Channel]  .  .  . 

Our  captain  called  over  our  landmen,  and  tried  them  at  their 
muskets,  and  such  as  were  good  shot  among  them  were  enrolled 
to  serve  in  the  ship,  if  occasion  should  be. 

The  lady  Arbella1  and  the  gentlewomen,  and  Mr.  Johnson 
and  some  others  went  on  shore  to  refresh  themselves.  .  .  . 

Thursday,  8.  ...  The  wind  continued  N.  [blank]  with  fair 
weather,  and  after  noon  it  calmed,  and  we  still  saw  those  eight 
ships  to  stand  towards  us  ;  having  more  wind  than  we,  they 
came  up  apace,  so  as  our  captain  and  the  masters  of  our  con 
sorts  were  more  occasioned  to  think  they  might  be  Dunkirkers,2 
(for  we  were  told  at  Yarmouth,  that  there  were  ten  sail  of 
them  waiting  for  us ;)  whereupon  we  all  prepared  to  fight  with 
them,  and  took  down  some  cabins  which  were  in  the  way  of 
our  ordnance,  and  out  of  every  ship  were  thrown  such  bed 
matters  as  were  subject  to  take  fire,  and  we  heaved  out  our 
long  boats,  and  put  up  our  waste  cloths,  and  drew  forth  our 
men,  and  armed  them  with  muskets  and  other  weapons,  and 
instruments  for  fireworks ;  and  for  an  experiment  our  captain 
shot  a  ball  of  wild-fire  fastened  to  an  arrow  out  of  a  cross-bow, 
which  burnt  in  the  water  a  good  time.  The  lady  Arbella  and 
the  other  women  and  children  were  removed  into  the  lower 
deck,  that  they  might  be  out  of  danger.  All  things  being 
thus  fitted,  we  went  to  prayer  upon  the  upper  deck.  It  was 
much  to  see  how  cheerful  and  comfortable  all  the  company 
appeared ;  not  a  woman  or  child  that  showed  fear,  though  all 
did  apprehend  the  danger  to  have  been  great,  if  things  had 
proved  as  might  well  be  expected,  for  there  had  been  eight 
against  four,  and  the  least  of  the  enemy's  ships  were  reported 


1  Observe  the  setting  off  of  this  "lady"  from  the  women  of  the  gentry 
families.    A  like  sequence  occurs  below.    Hawthorne's  Grandfather's  Chair 
has  acquainted  all  young  people  with  the  story  of  Lady  Arbella. 

2  Dunkirk  was  held  by  Spain,  with  whom  England  was  still  practically  at 
war.    Ships  from  Dunkirk  preyed  upon  English  commerce  in  the  Channel. 


170     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

to  carry  thirty  brass  pieces;  but  our  trust  was  in  the  Lord  of 
Hosts  ;  and  the  courage  of  our  captain,  and  his  care  and  dili 
gence,  did  much  encourage  us.  [The  fleet  prove  to  be  friends.] 

Saturday,  10.  ...  This  day  two  young  men,  falling  at  odds 
and  fighting,  contrary  to  the  orders  which  we  :  had  published 
and  set  up  in  the  ship,  were  adjudged  to  walk  upon  the  deck 
till  night  with  their  hands  bound  behind  them,  which  accord 
ingly  was  executed ;  and  another  man,  for  using  contemptuous 
speeches  in  our  *  presence,  was  laid  in  bolts  till  he  submitted 
himself,  and  promised  open  confession  of  his  offence. 

Lord's  day,  [May]  2.  The  tempest  continued  all  the  day, 
with  the  wind  W.  and  by  N.,  and  the  sea  raged  and  tossed  us 
exceedingly ;  yet,  through  God's  mercy,  we  were  very  com 
fortable,  and  few  or  none  sick,  but  had  opportunity  to  keep 
the  Sabbath,  and  Mr.  Phillips  preached  twice  that  day.  .  .  . 

Friday,  21.  ...  A  servant  of  one  of  our  company  had  bar 
gained  with  a  child  to  sell  him  a  box  worth  3  d.  for  three 
biscuit  a  day  all  the  voyage,  and  had  received  about  forty  .  .  . 
We  caused  his  hands  to  be  tied  up  to  a  bar,  and  hanged  a 
basket,  with  stones,  about  his  neck,  and  so  he  stood  for  two 
hours. 

(2)   [Early  Religious  Practices.'] 

July  27.  We,  of  the  congregation  [at  Boston]  kept  a  fast, 
and  chose  Mr.  Wilson  -our  teacher,2  and  Mr.  Nowell  an  elder, 
.  .  .  We  used  imposition  of  hands,  but  with  this  protestation 
by  all,  that  it  was  only  as  a  sign  of  election  and  confirmation, 
not  of  any  intent  that  Mr.  Wilson  should  renounce  his  ministry 
that  he  received  in  England.3 

1  Winthrop  uses  the  official  plural,  for  the  dignity  of  his  office.    The  first 
person  was  soon  discarded  for  the  third. 

2  Two  ministers,  a  teacher  and  a,  pastor,  were  customary.    The  differences 
in  duties  were  not  very  important. 

8  But  cf .  the  entry  for  November  22,  1632,  when  no  such  protestation  is 
made:  "A  fast  was  held  by  the  congregation  of  Boston,  and  Mr.  Wilson 

(formerly  their  teacher)  was  chosen  pastor  and Oliver  a  ruling  elder ;  and 

both  were  ordained  by  imposition  of  hands."    This  illustrates  the  gradual 
tendency  to  separate  from  the  Church  of  England. 


EARLY   HARDSHIPS  AND   RELIGIOUS  MATTERS     171 

[1631.  April  12.] 

At  a  court  holden  at  Boston,  (upon  information  to  the 
governour  that  they  of  Salem  had  called  Mr.  Williams  to  the 
office  of  a  teacher),  a  letter  was  written  from  the  court  to  Mr. 
Endecott  to  this  effect :  That  whereas  Mr.  Williams  had  refused 
to  join  with  the  congregation  at  Boston,  because  they  would 
not  make  a  public  declaration  of  their  repentance  for  having 
communion  with  the  churches  of  England  while  they  lived 
there ;  and,  besides,  had  declared  his  opinion,  that  the  magis 
trate  might  not  punish  the  breach  of  the  Sabbath,  nor  any 
other  offence,  as  it  was  a  breach  of  the  first  table ;  therefore, 
they  marvelled  they  would  choose  him  without  advising  with 
the  council ;  and  withal  desiring  him  [Endicott]  that  they 
would  forbear  to  proceed  till  they  had  conferred  about  it.  ... 

b.   Winthrop's  Letters 

JOHN  WINTHROP  FROM  NEW  ENGLAND  TO  HIS  WIFE,  " 
SEPTEMBER  9/19,  1630 

Winthrop's  Life  and  Letters  of  John  Winthrop,  II,  48-49  and  53-56. 

My  Dear  Wife,  —  The  blessing  of  God  all-sufficient  be 
upon  thee  and  all  my  dear  ones  with  thee  forever. 

I  praise  the  good  Lord,  though  we  see  much  mortality,  sick 
ness  and  trouble,  yet  (such  is  his  mercy)  myself  and  children, 
with  most  of  my  family,  are  yet  living,  and  in  health,  and  enjoy 
prosperity  enough,  if  the  affliction  of  our  brethren  did  not  hold 
under  the  comfort  of  it.  The  lady  Arbella  is  dead,  and  good 
Mr.  Higginson,  my  servant,  old  Waters  of  Neyland,  and  many 
others.  Thus  the  Lord  is  pleased  to  humble  us :  yet  he  mixes 
so  many  mercies  with  his  corrections,  as  we  are  persuaded  he 
will  not  cast  us  off,  but,  in  his  due  time,  will  do  us  good,  accord 
ing  to  the  measure  of  our  afflictions.  He  stays  but  till  he  hath" 
purged  our  corruptions,  and  healed  the  hardness  and  error  of  our 
hearts,  and  stripped  us  of  our  vain  confidence  in  this  arm  of  flesh, 
that  he  may  have  us  rely  wholly  upon  himself. 


172     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE' 

The  French  ship,  so  long  expected,  and  given  for  lost,  is  now 
come  safe  to  us,  about  a  fortnight  since,  having  been  twelve  weeks 
at  sea ;  and  yet  her  passengers  (being  but  few)  all  safe  and  well 
but  one,  and  her  goats  but  six  living  of  eighteen.  So  as  now 
we  are  somewhat  refreshed  with  such  goods  and  provisions  as 
she  brought,  though  much  thereof  hath  received  damage  by 
wet.  I  praise  God,  we  have  many  occasions  of  comfort  here, 
and  do  hope,  that  our  days  of  affliction  will  soon  have  an  end 
and  that  the  Lord  will  do  us  more  good  in  the  end  than  we 
could  have  expected,  that  will  abundantly  recompense  for  all 
the  trouble  we  have  endured.  Yet  we  may  not  look  for  great 
things  here.  It  is  enough  that  we  shall  have  heaven,  though 
we  should  pass  through  hell  to  it.  We  here  enjoy  God  and 
Jesus  Christ.  Is  not  this  enough  ?  What  would  we  have  more  ? 
I  thank  God,  I  like  so  well  to  be  here,  as  I  do  not  repent  my 
coming ;  and  if  I  were  to  come  again,  I  would  not  have  altered 
my  course,  though  I  had  foreseen  all  these  afflictions.  I  never 
fared  better  in  my  life,  never  slept  better,  never  had  more  con 
tent  of  mind,  which  comes  merely  of  the  Lord's  good  hand;  for 
we  have  not  the  like  means  of  these  comforts  here  which  we 
had  in  England.  But  the  Lord  is  all-sufficient,  blessed  be 
his  holy  name.  If  he  please,  he  can  still  uphold  us  in  this 
estate  ;  but,  if  he  shall  see  good  to  make  us  partakers  with 
others  in  more  affliction,  his  will  be  done.  He  is  our  God,  and 
may  dispose  of  us  as  he  sees  good. 

I  am  sorry  to  part  with  thee  so  soon,  seeing  we  meet  so  sel 
dom,  and  my  much  business  hath  made  me  too  oft  forget  Mon 
days  and  Fridays.  I  long  for  the  time,  when  I  may  see  thy 
sweet  face  again,  and  the  faces  of  my  dear  children.  But  I 
must  break  off,  and  desire  thee  to  commend  me  kindly  to  all 
my  good  friends,  and  excuse  my  not  writing  at  this  time.  If  God 
please  once  to  settle  me,  I  shall  make  amends.  .  .  .  The 
good  Lord  bless  thee  and  all  our  children  and  family.  So  I 
kiss  my  sweet  wife  and  my  dear  children,  and  rest 
Thy  faithful  husband, 

JO.  WlNTHROP. 


EARLY  HARDSHIPS  AND   RELIGIOUS  MATTERS    173 

I  would  have  written  to  Maplestead,  if  I  had  time.  Thou 
must  excuse  me,  and  remember  me  kindly  to  them  all. 

This  is  the  third  letter  I  have  written  to  thee  from  New  Eng 
land. 

[November  29/December  9, 1630.] 

.  .  .  Thou  shalt  understand  by  this,  how  it  is  with  us 
since  I  wrote  last,  (for  this  is  the  third  or  fourth  letter  I  have 
written  to  thee  since  I  came  hither,)  that  thou  mayest  see  the 
goodness  of  the  Lord  towards  me,  that,  when  so  many  have 
died  and  so  many  yet  languish,  myself  and  my  children  are  yet 
living  and  in  health.  Yet  I  have  lost  twelve  of  my  family,1 
viz.  Waters  and  his  wife,  and  two  of  his  children  :  Mr.  Gager  and 
his  man :  Smith  of  Buxall  and  his  wife  and  two  children  :  the 
wife  of  Taylor  of  Haverill  and  their  child  :  my  son  H.  makes 
the  twelve.  And,  besides  many  other  of  less  note,  as  Jeff.  Rug- 
gle  of  Sudbury,  and  divers  others  of  that  town,  (about  twenty,) 
the  Lord  hath  stripped  us  of  some  principal  persons,  Mr.  John 
son  and  his  lady,  Mr.  Rossiter,  Mrs.  Phillips,  and  others  un 
known  to  thee.  We  conceive,  that  this  disease  grew  from  ill 
diet  at  sea,  and  proved  infectious.  I  write  not  this  to  discourage 
thee  but  to  warn  thee  and  others  to  provide  well  for  the  sea,  and, 
by  God's  help,  the  passage  will  be  safe  and  easy,  how  long 
soever.  Be  careful  (I  entreat  thee)  to  observe  the  directions  in 
my  former  letters ;  and  I  trust  that  that  God,  who  hath  so  gra 
ciously  preserved  and  blessed  us  hitherto,  will  bring  us  to  see  the 
faces  of  each  other  with  abundance  of  joy.  My  dear  wife,  we 
are  here  in  a  paradise.  Though  we  have  not  beef  and  mutton 
etc.,  yet  (God  be  praised)  we  want  them  not ;  our  Indian  corn 
answers  for  all.  Yet  here  is  fowl  and  fish  in  great  plenty.  I 
will  here  break  off,  because  I  hope  to  receive  letters  from  thee 
soon,  and  to  have  opportunity  of  writing  more  largely.  I  will 
say  nothing  of  my  love  to  thee,  and  of  my  longing  desires 
towards  thee.  Thou  knowest  my  heart.  Neither  can  I  rnen- 

lrThis  is  an  old  use  of  the  word  family,  to  include  Wintkrop's  many  depend 
ents,  even  married  servants. 


174     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

tion  salutations  to  my  good  friends,  other  than  in  general.  In 
my  next,  I  hope  to  supply  all.  Now  the  Lord,  our  good  God, 
be  with  thee  and  all  my  children  and  company  with  thee.  Grace 
and  peace  be  with  you  all.  So  I  kiss  my  sweet  wife  and  all  my 
dear  children,  and  bless  you  in  the  Lord.  Farewell. 

Thy  faithful  husband,  Jo.  WINTHBOP. 

c.  Thomas  Dudley  to  the  Countess  of  Lincoln 
March,  1631 

Force's  Historical  Tracts  (1638),  II,  No.  4. 

To  the  righte  honourable,  my  very  good  Lady, 
the  Lady  Brydget,  Countesse  of  Lincoln 

Your  letters  (which  are  not  common  or  cheape)  following 
mee  hether  into  New-England,  and  bringeing  with  them  re 
newed  testimonies  of  the  accustomed  favours  you  honoured 
me  with  in  the  old,  have  drawne  from  mee  this  narrative  ret- 
ribucion  (which  in  respect  of  your  proper  interest  in  some 
persons  of  great  note  amongst  us) l  was  the  thankfullest  present 
I  had  to  send  over  the  seas.  Therefore  I  humblie  intreat  your 
honour  this  bee  accepted  as  payment  from  him,  who  neither 
hath  nor  is  any  more  than  your  honours  old  thankful  servant, 

THOMAS  DUDLEY. 
BOSTON  IN  NEW  ENGLAND, 

March  12th  1630  [March  22,  1631]. 

[A  narrative  of  the  beginnings  of  the  colony,  through  the 
sending  of  Higgin son's  company  in  the  spring  of  1629.] 

Theis  by  their  too  large  comendacions  of  the  country  .  .  . 
invited  us  soe  strongly  to  goe  on  that  Mr.  Wenthropp  of 
Soffolke  (who  is  well  knowne  in  his  owne  country  and  well 
approved  heere  for  his  pyety,  liberality,  wisdome,  and  gravity) 
comeing  into  us,  wee  came  to  such  resolution  that  in  April, 
1630,  wee  sett  sail  from  Old  England  with  4  good  shipps. 
And  in  May  following,  8  more  followed,  2  haveing  gone  be- 

1  The  Lady  Arbella  was  of  the  house  of  Lincoln. 


EARLY  HARDSHIPS  AND   RELIGIOUS  MATTERS     175 

fore  in  February  and  March,  and  2  more  following  in  June 
and  August  besides  another  set  out  by  a  private  merchant. 
Theis  17  Shipps  arrived  all  safe  .  .  .  but  made  a  long,  a 
troublesome,  and  a  costly  voyage.  .  .  .  Our  four  shipps  which 
set  out  in  Aprill  arrived  here  in  June  and  July,  wheere  we 
found  the  colony  in  a  sadd  and  unexpected  condicion ;  above 
80  of  them  beeing  dead  the  winter  before  and  many  of  those 
alive,  weake  and  sicke ;  all  the  corne  and  bread  amongst  them 
all  hardly  sufficient  to  feed  them  a  fortnight,  insoemuch  that 
the  remainder  of  180  servants  wee  had  the  2  years  before  sent 
over,  comeing  to  us  for  victualls  to  sustaine  them,  wee  found 
ourselves  wholly  unable  to  feed  them  .  .  .  whereupon  necessity 
enforced  us,  to  our  extreme  loss,  to  give  them  all  libertie,  who 
had  cost  us  about  16  or  20  pounds  a  person  furnishing  and 
sending  over.  But  bearing  theis  things  as  we  might,  wee  be- 
ganne  to  consult  of  the  place  of  our  sitting  downe:  for  Salem, 
where  wee  landed,  pleased  us  not.  [They  decide  upon  six  new 
settlements,  besides  the  already  established  Salem  and  Charles- 
town.]  This  dispersion  troubled  some  of  us ;  but  helpe  it  wee 
could  not,  wanting  ability  to  remove  to  any  place  fit  to  build  a 
towne  upon,  and  the  time  too  short  to  deliberate  longer,  least 
the  winter  should  surprise  us  before  we  had  builded  our 
houses.  .  .  .  So,  ceasing  to  consult  further  for  that  time,  they 
who  had  health  to  labour  fell  to  building,  wherein  many  were 
interrupted  with  sicknes,  and  many  dyed  weekely,  yea  almost 
dayley.  .  .  .  Insomuch  that  the  shipps  being  now  uppon 
their  returne  .  .  .  there  was,  as  I  take  it,  not  much  less  than 
an  hundred  (some  think  many  more)  partly  out  of  dislike  of 
our  government  which  restrained  and  punished  their  excesses, 
and  partly  through  fear  of  famine  (not  seeinge  other  means 
than  by  their  labour  to  feed  themselves),  which  returned  back 
againe.  And  glad  were  wee  so  to  bee  ridd  of  them.  Others 
also,  afterwards  hearing  of  men  of  their  owue  disposition 
which  were  planted  at  Piscataway,  went  from  us  to  them ; 
whereby  though  our  numbers  were  lessened,  yet  wee  accounted 
ourselves  nothing  weakened  by  their  removall. 


176     THE  COLONY  BECOMES  A  PURITAN  ENTERPRISE 

Before  the  departure  of  the  shipps,  wee  contracted  with 
Mr.  Peirce,  Mr.  [Master]  of  the  Lyon  ...  to  returne  to  us 
with  speed  with  fresh  supplies  of  victualls.  .  .  . 

The  shipps  beeinge  gone,  victualls  wastinge,  and  mortality 
increasinge,  wee  held  diverse  fasts  in  our  severall  congrega 
tions,  but  the  Lord  would  not  yet  bee  depricated  [A  long  list 
of  deaths]  And  of  the  people  who  came  over  with  us  ... 
[from  Aprill  to  December]  there  dyed  by  estimacion  about 
200  at  the  least.  .  .  . 

If  any  come  hether  to  plant  for  worldly  ends,  that  canne 
live  well  at  home,  hee  comits  an  errour  of  which  hee  will  soon 
repent  him.  But  if  for  spirittuall,  and  that  noe  particular 
obstacle  hinder  his  removeall,  he  may  tinde  here  what  may 
well  content  him :  viz.,  materialls  to  build,  fewell  to  burn, 
ground  to  plant,  seas  and  rivers  to  ffish  in,  a  pure  ayer  to 
breath  in,  good  water  to  drinke  till  wine  or  beare  canne  be 
made,  —  which,  toegether  with  the  cowes,  hoggs,  and  goates 
brought  hether  allready,  may  suffice  for  food ;  for  as  for  foule 
and  venison,  they  are  dainties  here  as  well  as  in  England. 
Ffor  cloaths  and  beddinge  they  must  bringe  them  with  them, 
till  time  and  industry  produce  them  here.  In  a  word,  wee 
yett  enjoy  little  to  bee  envyed,  but  endure  much  to  bee  pytyed 
in  the  sicknes*  and  mortality e  of  our  people.  And  I  do  the 
more  willingly  use  this  open  and  plaine  dealinge,  least  other 
men  should  fall  short  of  their  expectations  when  they  come 
hether,  as  wee  to  our  great  prejudice  did,  by  means  of  letters 
sent  us  from  hence  into  England,  wherein  honest  men,  out  of 
a  desire  to  draw  over  others  to  them,  wrote  somewhat  hyper- 
bolically  of  many  things  here.  If  any  godly  men  out  of  reli 
gious  ends  will  come  over  to  helpe  us  ...  I  thinke  they  can 
not  dispose  of  themselves  or  their  estates  more  to  Gods  glory 
.  .  .  but  they  must  not  bee  of  the  poorer  sort  yett  for  diverse 
yeares.  Ffor  we  have  found  by  experience  that  they  have 
hindered,  not  furthered  the  worke.  And  for  profaine  and 
deboshed  persons,  their  oversight  in  coineinge  hether  is 
wondered  at,  where  they  shall  finde  nothing  to  content  them. 


EARLY  HARDSHIPS  AND  RELIGIOUS  MATTERS     177 

If  there  bee  any  endued  with  grace  and  furnished  with  meanes 
to  feed  themselves  and  theirs  for  18  months,  and  to  build  and 
plant,  —  lett  them  come  into  our  Macedonia  to  helpe  us. 

[Record  of  disasters ;  the  return  of  the  Lyon]  .  .  .  Also,  to 
increase  the  heape  of  our  sorrous,  wee  received  advertisement 
by  letters  from  our  friends  in  England  and  by  the  reports  of 
those  who  came  hether  in  this  shipp  to  abide  with  us  ... 
that  those  who  went  discontentedly  from  us  last  yeare,  out  of 
their  evill  affections  towards  us,  have  raised  many  false  and 
scandelous  reports  against  us,  affirminge  us  to  be  Brounists  in 
religion  and  ill  affected  to  our  state  at  home,  and  that  theis 
vile  reports  have  woiine  creditt  with  some  who  formerly  wished 
us  well.  But  wee  doe  desire,  and  cannot  but  hope,  that  wise 
and  impartiall  men  will  at  length  consider  that  such  malcon 
tents  have  ever  pursued  this  manner  of  casting  dirt  to  make 
others  seeme  as  fowle  as  themselves,  and  that  our  godly 
friends  to  whom  wee  have  ben  knowne  will  not  easily  believe 
that  wee  are  soe  soon  turned  from  the  profession  wee  soe  long 
have  made  in  our  native  Country.  And  for  our  further 
clearing,  I  truely  affirrne  that  I  know  noe  one  person  who 
came  over  with  us  the  last  yeare  to  bee  altered  in  his  judgment 
and  affection  eyther  in  ecclesiasticall  or  civill  respects  since 
our  comeinge  hether ;  but  wee  doe  continue  to  pray  day  ley  for 
our  soveraigne  lord  the  Kinge,  the  Queene,  the  Prince,  the 
royal  blood,  the  counsaile,  and  the  whole  state,  as  dutye  bindes 
us  to  doe  and  reason  persuades  others  to  believe.  For  how 
ungodly  and  unthankful!  should  wee  be  if  wee  should  not 
thus  doe  .  .  .  Lett  our  friends  therefore  give  no  creditt  to 
such  malicious  aspersions,  but  bee  more  ready  to  answer  for 
us  than  wee  heare  they  have  bene.  Wee  are  not  like  those 
which  have  dispensation  to  lye.  .  .  . 


XIII.     DEVELOPMENT   OF   DEMOCRACY,  1630-1644 

63.  The  Oligarchic  Usurpation 

Records  of  the  Governor  and  Company  of  Massachusetts  Bay,  I  (under 
dates  given).  Cf.  Introduction  to  No.  57. 

(1)  [The  First  Court  of  Assistants,   Charlestown,  August  23 / 

September  2,  1630.'] 

...  It  was  ordered  that  the  Governor  and  Deputy  Governor, 
for  the  tyme  being,  shall  alwaies  be  justices  of  the  peace,  and 
that  Sir  Rich :  Saltonstall,  Mr.  Johnson,  Mr.  Endicott,  and 
Mr.  Ludlowe  shalbe  justices  of  the  peace  for  the  present  tyme, 
in  all  things  to  have  like  power  that  justices  of  the  peace  hath 
in  England  for  reformacion  of  abuses  and  punishing  of 
offenders  ;  and  that  any  justice  of  the  peace  may  imprison  an 
offender,  but  not  inflict  any  corporall  punishment  without  the 
presence  and  consent  of  some  one  of  the  Assistants.1 

(2)  [October  19/29,  1630.] 

A  General  Court,  Jiolden  att  Boston. 
[The  first  General  Court  in  America.] 

Present,  THE  GOVERNOR  [Wintlirop]  CAPT.  ENDICOTT 

DEPUTY  GOVERNOR  [Dudley]  MR.  No  WELL 

SIR  RICHARD  SALTONSTALL  MR.  PINCHON 

MR.  LUDLOWE  MR.  BRADSTREETE 
[all  magistrates] 

For  establishinge  of  the  government.  It  was  propounded 
if  it  were  not  the  best  course  that  the  ffreemen  should  have 
the  power  of  chuseing  Assistants,  when  there  are  to  be  chosen, 

1  Had  the  Assistants  legal  right,  under  the  charter,  to  appoint  such  officers 
and  define  their  powers?  It  is  worthy  of  note,  that,  Nov.  30/Dec.  9,  1630,  Sir 
Richard  Saltonstall  was  "  fyned  V£  for  whipping  2  severall  persons  without 
the  presence  of  another  Assistant,  contrary  to  an  act  of  Court  formerly  made." 

178 


THE  OLIGARCHIC  USURPATION  179 

and  the  Assistants  from  amongst  themselves  to  chuse  a 
Governor  and  Deputy  Governor,  whoe  with  the  Assistants 
should  have  the  power  of  inakeing  lawes  and  chuseing  officers 
to  execute  the  same.  This  was  fully  assented  unto  by  the 
generall  vote  of  the  people  and  ereccion  of  hands. 

[Two  charter  provisions  are  here  violated.  The  italicized  clause  was 
further  explained  the  next  May  by  another  unconstitutional  decree  of  the 
Assistants  making  themselves  life-officers,  unless  removed  for  cause 
((4)  below). 

There  were  present,  qualified  to  vote,  the  eight  magistrates  named 
above,  and  certainly  not  more  than  one  or  two  other  "freemen,1'  — 
probably  no  one  except  the  Assistants.  The  "people"  referred  to  in  the 
final  sentence  were  probably  the  109  men  who  came  to  this  Court  to  ask 
to  be  admitted  "  freemen."  Apparently  they  were  asked,  in  turn, 
whether  they  would  agree  to  this  new  law  ;  and  (not  knowing  the  charter 
rights  of  freemen,  anyway)  they  consented.  Even  so,  they  were  not 
admitted  until  May  of  the  next  year.  Cf.  American  History  and 
Government,  §  62.] 

(3)  [March  8/18,  1630/31.'] 

Att  a  Court  [of  Assistants]  att  Waterton 

.  .  .  Further,  (in  regard  the  number  of  Assistants  are  but 
fewe ;  and  some  of  them  goeing  for  England,)  it  was  therefore 
ordered  that  whensoever  the  number  of  Assistants  resident 
within  the  lymitts  of  this  jurisdiccion  shalbe  fewer  than  9, 
it  shalbe  lawfull  for  the  major  parte  of  them  to  keepe  a  Court,, 
and  whatsoever  orders  or  acts  they  make  shalbe  as  legall  and 
authenticall  as  if  there  were  the  full  number  of  7  or  more.  .  .  . 

[Queries  :  What  charter  provision  did  this  law  "  violate  "  ?  Why  did 
not  the  government  instead  increase  the  number  of  Assistants  toward  the 
number  prescribed  in  the  charter  ?] 

(4)  [May  18/28,  1681.] 

A  General  Court,  holden  att  Boston 

[Old  governor  and  deputy  reflected.] 

For  explanation  of  an  order  made  the  last  Generall  Court  .  .  . 
it  was  ordered  nowe,  with  full  consent  of  all  the  commons 


180  DEVELOPMENT  OF  DEMOCRACY 

then  present,  that  once  in  every  yeare,  att  least,  a  Generall 
Court  shalbe  holden ;  att  which  Court  it  shalbe  lawfull  for 
the  commons  to  propound  any  .  .  .  persons  whom  they  shall 
desire  to  be  chosen  Assistants  [provision  for  voting  on  such 
new  nominations  by  "poll,"  —  vive-voce].  The  like  course 
[oj  voting']  to  be  holden  when  they,  the  said  commons,  shall  see 
cause  for  any  defect  or  misbehavior  to  remove  any  one  or  more 
of  the  Assistants.  And,  to  the  end  the  body  of  the  commons 
may  be  preserved  of  honest  and  good  men,  it  was  likewise 
ordered  .  .  .  that,  for  time  to  come,  noe  man  shalbe  admitted 
to  the  freedome  of  this  body  polliticke  but  such  as  are  mem 
bers  of  some  of  the  churches  within  the  lymitts  of  the 
same.  .  .  . 

[The  italicized  clause  in  the  above  entry  is  the  one  which  indirectly 
established  a  life-tenure  for  Assistants,  contrary  to  the  charter  provision 
for  annual  reelection  of  all  such  officers.  The  "commons"  were  to  be 
permitted  to  suggest  and  choose  new  Assistants  (since  the  charter-number 
of  eighteen  was  far  from  full),  but,  once  elected,  the  Assistant  held  until 
deposed  for  cause. 

At  this  same  court,  116  freemen  were  elected,  including  those  who 
had  so  applied  in  the  preceding  October.  Whether  this  admission  was 
before  or  after  the  legislation  given  above  is  wholly  uncertain  from  the 
Records;  but  the  natural  inference  is  that  the  applicants  were  asked  to 
assent  to  these  changes  also  as  a  prerequisite  to  admission.  After  this 
meeting,  voters  are  always  referred  to  as  "freemen."  The  words 
"people"  and  "  commons'1  used  in  these  records  of  October,  1630,  and 
May,  1631,  refer,  presumably,  to  people  not  yet  admitted  to  the  political 
corporation.] 

64.  The  First  "  Popular  "  Movement  —  Watertown  Protest,  1632 

Winthrop's  History  of  New  England  (under  dates  given). 

Cf.  introductory  statements  to  No.  62  a  above. 

Winthrop's  bias  for  aristocratic  organization  in  politics  and  in  industry 
appears  always  in  most  ua'ive  unconsciousness  ;  *  but  his  fine  candor  and 
magnanimity  make  his  book  as  attractive  as  it  is  valuable. 

!Cf.  American  History  and  Government,  §§  62,  64,  77,  note,  etc.,  for  several 
illustrative  quotations  not  given  in  this  volume. 


THE   FIRST   "POPULAR"   MOVEMENT  181 

[November  23,  1631.]  The  congregation  at  Watertown 
(whereof  Mr.  George  Phillips  was  pastor)  had  chosen  one 
Richard  Brown  for  their  elder,  before  named,  who,  persisting 
in  his  opinion  of  the  truth  of  the  Romish  church,  and  main 
taining  other  errors  withal,  and  being  a  man  of  a  very  violent 
spirit,  the  court  wrote  a  letter  to  the  congregation,  directed 
to  the  pastor  and  brethren,  to  advise  them  to  take  into  con 
sideration,  whether  Mr.  Brown  were  fit  to  be  continued  their 
elder  or  not ;  to  which,  after  some  weeks,  they  returned 
answer  to  this  effect :  That  if  we  would  take  the  pains  to 
prove  such  things  as  were  objected  against  him,  they  would 
endeavour  to  redress  them. 

[The  dissensions  in  the  Watertown  church  soon  led  to  a  more  active 
interference  by  the  government  of  the  colony.  The  party  of  the  elder 
and  pastor  plainly  resented  this  interference.  There  may  be  some  con 
nection  between  that  fact  and  the  following  famous  "remonstrance" 
in  the  matter  of  taxation.  ] 

[1631/2.  February  17.]  The  governour  and  assistants  called 
before  them,  at  Boston,  divers  of  Watertown ;  the  pastor  and 
•elder  by  letter,  and  the  others  by  warrant.  The  occasion  was, 
for  that  a  warrant  being  sent  to  Watertown  for  levying  of  £8, 
part  of  a  rate  of  £60,  ordered  for  the  fortifying  of  the  new 
town,  the  pastor  and  elder,  etc.,  assembled  the  people  and  de 
livered  their  opinions,  that  it  was  not  safe  to  pay  moneys  after 
that  sort,  for  fear  of  bringing  themselves  and  posterity  into 
bondage.  Being  come  before  the  governour  and  council,  after 
much  debate,  they  acknowledged  their  fault,  confessing  freely, 
that  they  were  in  an  error,  and  made  a  retractation  and  submis 
sion  under  their  hands,  and  were  enjoined  to  read  it  in  the 
assembly  the  next  Lord's  day.  The  ground  of  their  error  was, 
for  that  they  took  this  government  to  be  no  other  but  as  of  a 
mayor  and  aldermen,  who  have  not  power  to  make  laws  or  raise 
taxations  without  the  people ;  but  understanding  that  this 
government  was  rather  in  the  nature  of  a  parliament,  and  that 
no  assistant  could  be  chosen  but  by  the  freemen,  who  had 


182  DEVELOPMENT  OF  DEMOCRACY 

power  likewise  to  remove  the  assistants  and  put  in  others,  and 
therefore  at  every  general  court  (which  was  to  be  held  once 
every  year)  they  had  free  liberty  to  consider  and  propound 
anything  concerning  the  same,  and  to  declare  their  grievances, 
without  being  subject  to  question,  or,  etc.,  they  were  fully  sat 
isfied  ;  and  so  their  submission  was  accepted,  and  their  offence 
pardoned. 

[Winthrop  was  overconfident.  The  Watertown  men  must  soon  have 
recovered  from  the  browbeating  he  had  given  them.  May  1,  Winthrop 
called  together  the  Assistants  informally  at  his  house,  and  warned  them 
"  that  he  had  heard  the  people  intended  at  the  next  court  to  desire  that 
the  Assistants  might  be  chosen  anew  every  year,  and  that  the  governor 
might  be  chosen  by  the  whole  court,  and  not  by  the  Assistants  only.  Upon 
this,  Mr.  Ludlow  grew  into  a  passion,  and  said  that  then  we  should  have  no 
government,  but  there  would  be  an  interim  wherein  every  man  might  do 
what  he  pleased.'"  The  others,  however,  did  not  anticipate  quite  such 
deplorable  results,  and  wisely  concluded  to  submit.  The  results  appear 
in  the  following  entry.] 

[May  8,  1632.]  A  general  court  at  Boston.  Whereas  it  was 
(at  our  first  coming)  agreed,  that  the  freemen  should  choose 
the  assistants,  and  they  the  governour,  the  whole  court  agreed 
now,  that  the  governour  and  assistants  should  all  be  new  chosen 
every  year  by  the  general  court,  (the  governour  to  be  always 
chosen  out  of  the  assistants  ;)  and  accordingly  the  old  gov 
ernour,  John  Winthrop,  was  chosen  ;  accordingly  all  the  rest  as 
before,  and  Mr.  Humfrey  and  Mr.  Coddington  also,  because 
they  were  daily  expected.  .  .  . 

...  A  proposition  was  made  by  the  people  that  every  company 
of  trained  men  might  choose  their  own  captain  and  officers ; 
but  the  governor  giving  them  reasons  to  the  contrary,  they 
were  satisfied  without  it. 

Every  town  chose  two  men  to  be  at  the  next  court,  to  advise 
with  the  governour  and  assistants  about  the  raising  of  a  public 
stock,  so  as  what  they  should  agree  upon  should  bind  all,  etc. 

[The  facts  about  this  meeting  of  the  General  Court  are  given  even 
more  briefly  in  the  Records,  but  in  agreement  with  these  statements  of 


LEGISLATION  AND  ADMINISTRATION  183 

Winthrop.  The  Records  omit,  naturally,  all  reference  to  the  preceding 
action  at  Watertown,  which  explains  these  reforms.  The  freemen  had 
now  recovered  the  right  to  choose  all  magistrates  annually,  together  with 
some  direct  local  control  over  taxation ;  but  the  law-making  power  was 
still  retained,  unconstitutionally,  by  the  Assistants.] 

65.    Legislation  and  Administration  by  the  "  Assistants,"  1630-1633 

Records  of  Governor  and  Company  of  Massachusetts  Bay,  I  (under 
dates  given). 

These  extracts  show  the  moral  and  economic  ideas  of  the  ruling  class. 
The  extracts  are  all  taken  from  records  of  the  Courts  of  Assistants, 
meeting  at  Charlestown  or  Boston. 

(1)  [August  23 /September  2,  1630.     The  first  "court"  after 

the  arrival  of  Winthrop.] 

...  It  was  ordered  that  carpenters,  joyners,  brickelayers, 
sawers,  and  thatchers  shall  not  take  above  2  s.  a  day,  nor  any 
man  shall  give  more,  under  paine  of  X  s.  .  .  . 

(2)  [September  28 /October  8,  1630.] 

...  It  is  ordered  that  labourers  [i.e.,  unskilled]  shall  not 
take  above  1 2  d.  a  day  for  their  worke,  and  not  above  6d.  and 
meate  and  drinke,  under  paine  of  X  s.  .  .  . 

(3)  [November  30 /December  10,  1630.'] 

...  It  is  ordered  that  John  Baker  shalbe  whipped  for 
shooteing  att  fowle  on  the  Sabbath  day,  etc. 

[No  law  had  been  made  regarding  such  an  offense.  This  is  an  in 
stance  of  an  ex  post  facto  law,  made  by  the  magistrates  in  imposing 
sentence.] 

(4)  [March  1/11,  1630/1631.] 

...  It  is  ordered  that  Mr.  Ale  worth,  Mr.  Weaver,  Mr. 
Plastowe,  Mr.  Shuter,  Cobbett,  and  Wormewood  shalbe  sent 
into  England  by  the  shipp  Lyon,  or  soe  many  of  them  as  the 
ship  can  carry,  the  rest  to  be  sent  thither  by  the  1th  of  May 


184  DEVELOPMENT  OF  DEMOCRACY 

nexte,  if  there  be  opportunitie  of  shipping,  if  not,  by  the  nexte 
shipp  that  returnes  for  England,  as  persons  unmeete  to  inhabit 
here;  and  that  Sir  Christopher  Gardner  and  Mr.  Wright 
shalbe  sent  as  prisoners  into  England  by  the  shipp  Lyon,  nowe 
returneing  thither. 

[The  two  last  named  had  been  "  tried  "  after  a  fashion.  For  the  others, 
apparently,  there  was  not  even  a  form  of  trial,  with  or  without  a  jury. 
The  banishment  was  executive,  not  judicial.] 

(5)  [March  22 /April  1,  1630 / 1631.  ~\ 

...  It  is  ordered,  (that  whereas  the  wages  of  carpenters, 
joyners,  and  other  artificers  and  workemen,  were  by  order  of 
Court  restrayned  to  particular  sommes)  [wages]  shall  nowe  be 
lefte  free' and  att  libertie  as  men  shall  reasonably  agree. 

Further,  it  is  ordered,  that  every  toune  within  this  pattent 
shall,  before  the  5th  of  Aprill  nexte,  take  espetiall  care  that 
every  person  within  their  toune,  (except  magistrates  and 
ministers,)  as  well  servants  as  others,  [be]  furnished  with  good 
and  sufficient  armes  allowable  by  the  captain  or  other  officers, 
those  that  want  and  are  of  abilitie  to  buy  them  themselves, 
others  that  are  unable  to  have  them  provided  by  the  toune,  for 
the  present,  and  after  to  receive  satisfacion  for  that  they  dis 
burse  when  they  shalbe  able. 

It  is  likewise  ordered  that  all  persons  whatsoever  that  have 
cards,  dice,  or  [gaming]  tables  in  their  howses,  shall  make  away 
with  them  before  the  nexte  Court.  .  . 

(6)  {May  3/13,  1631.] 

It  is  ordered,  that  John  Legge,  servant  to  Mr.  Hum  fry, 
shalbe  severely  whipped  this  day  att  Boston,  and  afterwards, 
soe  soone  as  conveniently  may  be,  att  Salem,  for  strikeing 
Richard  Wright,  when  hee  came  to  give  him  correccion  for 
idleness  in  his  maisters  worke. 

[Apparently  Wright  (who  was  not  even  the  "  master"  of  Legge)  had 
struck  first  (that  being  the  usual  meaning  of  "give  correction");  but  a 
servant  must  not  strike  back.] 


LEGISLATION  AND  ADMINISTRATION  185 

(7)   {June  14/24,  1681.] 

It  is  ordered,  that  Phillip  Ratliffe  shalbe  whipped,  have  his 
eares  cutt  of,  fyned  40  £,  and  banished  out  of  the  ly  mitts  of 
this  jurisdiccion,  for  uttering  raallitious  and  scandulous  speeches 
against  the  government  and  the  church  of  Salem,  etc.,  as  ap- 
peareth  by  a  particular  thereof,  proved  upon  oath. 

[Apparently  no  jury  trial  was  permitted  in  this  case  (or  in  several 
other  equally  serious  cases  noted  in  the  early  Records).  For  the  definite 
establishment  of  the  jury,  see  No.  67  6,  below.  It  was  already  in  use, 
however,  in  capital  trials.  (Cf.  American  History  and  Government, 
§  80.)  The  extracts  from  the  Massachusetts  Records  regarding  those 
early  cases  are  too  long  to  give  here.] 


(8)  [July  26  /August  5, 

...  It  is  ordered,  that  Josias  Plaistowe  shall  (for  stealing 
4  basketts  of  corne  from  the  Indians)  returne  them  8  basketts 
againe,  be  ffined  V£,  and  hereafter  to  be  called  by  the  name 
of  Josias,  and  not  Mr.,  as  formerly  hee  used  to  be  ;  and  that 
William  Buckland  and  Thomas  Andrewe  shalbe  whipped  for 
being  accessary  to  the  same  offence. 

[These  two  men  were  servants  of  Plaistowe.  Cf.  American  History 
and  Government,  §  65,  on  the  exemption  of  gentlemen  from  corporal 
punishment;  and  also  No.  78,  note  43,  below.] 

(9)  [July  2  j  12,  1633] 

...  It  is  ordered,  that  it  shalbe  lawfull  for  any  man  to 
kill  any  swine  that  comes  into  his  corne  :  the  party  that  ownes 
the  swine  is  to  have  them,  being  kild,  and  allowe  recompence 
for  the  damage  they  doe,  etc.  .  .  . 

(10)  [September  3/13,  1633] 

Roberte  Coles  is  ffined  X£,  and  enjoyned  to  stand  with  a 
white  sheete  of  paper  on  his  back,  wherein  a  drunkard  shalbe 
written  in  greate  letteres,  and  to  stand  therewith  soe  longe 
as  the  Court  thinks  meete,  for  abuseing  him  self  e  shamefully 
with  drinke. 


186  DEVELOPMENT  OF  DEMOCRACY 

[Cowles  did  not  reform.  A  Court  of  March  4/14,  1633/34,  passed  the 
following  sentence  upon  him:  — 

"  It  is  ordered,  that  Roberte  Coles,  for  drunkeness  by  him  committed  att 
Rocksbury,  shalbe  disfranchized,  weare  about  his  necke,  and  soe  to  hange 
upon  his  outward  garment,  a  D,  made  of  redd  cloath,  and  sett  upon 
white  ;  to  contynue  this  for  a  yeare,  and  not  to  leave  it  of  att  any  tyine 
when  hee  comes  amongst  company,  under  the  penalty  of  XI  s  for  the 
first  offence,  and  V  £  the  second,  and  after  to  be  punished  by  the  Court 
as  they  thinke  meete  ;  also,  hee  is  to  weare  the  D  outwards,  and  is  en- 
joyned  to  appeare  att  the  nexte  Generall  Court,  and  to  contynue  there  till 
the  Court  be  ended." 

Cowles  seems  to  have  been  one  of  the  early  democratic  agitators.  The 
Records  show  that  he  was  one  of  the  deputies  chosen  in  May,  1632,  to 
help  assess  taxes.  Possibly  he  had  made  himself  obnoxious  in  such 
fashion  to  these  aristocratic  judges.] 

(11)   [October  1/11,  1633.1 

It  is  ordered,  that  maister  carpenters,  sawers,  masons, 
clapboard-ryvers,  brickelayers,  tylars,  joyners,  wheelwrights, 
mowers,  etc.,  shall  not  take  above  2  s.  a  day,  findeing  themselves 
dyett,  and  not  above  14  d.  a  day  if  they  have  dyett  found  them, 
under  the  penalty  of  V  s.,  both  to  giver  and  receaver,  for  every 
day  that  there  is  more  given  and  receaved.  Also,  that  all 
other  inferior  workemen  of  the  said  occupacions  shall  have 
such  wages  as  the  constable  of  the  said  place,  and  2  other 
inhabitants,  that  hee  shall  chuse,  shall  appoynet. 

Also,  it  is  agreed,  that  the  best  sorte  of  labourers  shall  not 
take  above  18  d.  a  day  if  they  dyett  themselves,  and  not  above 
8  d  a  day  if  they  have  dyett  found  them,  under  the  aforesaid 
penalty,  both  to  giver  and  receaver. 

Likewise,  that  the  wages  of  inferior  labourers  shalbe  referd 
to  the  constable  and  2  other,  as  aforesaid. 

Maister  taylours  shall  not  take  above  12d.  a  day,  and  the 
inferior  sorte  not  above  8d  if  they  be  dyeted,  under  the  afore 
said  penalty;  and  for  all  other  worke  they  doe  att  home 
proporcionably,  and  soe  for  other  worke  that  shalbe  done  .  .  . 
by  any  other  artificer. 


LEGISLATION  AND  ADMINISTRATION  187 

Further,  it  is  ordered,  that  all  workemen  shall  worke  the 
whole  day,  alloweing  convenient  tyme  for  foode  and  rest. 
This  order  to  take  place  the  12th  of  this  present  moneth. 
[The  "  whole  day  "  was  from  sun-rise  to  sun-set.] 

It  is  further  ordered,  that  noe  person,  howse  houlder  or  other, 
shall  spend  his  time  idlely  or  unproffitably,  under  paine  of 
such  punishment  as  the  Court  shall  thinke  meete  to  inflicte ; 
and  for  this  end  it  is  ordered,  that  the  constable  of  every 
place  shall  use  spetiall  care  and  deligence  to  take  knowledge 
of  offenders  in  this  kinde,  espetially  of  common  coasters, 
unprofittable  fowlers,  and  tobacco  takers,  and  to  present  the 
same  to  the  2  nexte  Assistants,  whoe  shall  have  power  to 
heare  and  determine  the  cause,  or,  if  the  matter  be  of  im 
portance,  to  transferr  it  to  the  Court. 

[The  following  entries  from  Winthrop's  History  show  the  desperate 
feeling  of  the  servants  and  the  attitude  of  the  gentry  class  at  this  time  :  — 

"August  6,  1633.  Two  men  servants  to  one  Moodye,  of  Roxbury,  re 
turning  in  a  boat  from  the  windmill,  struck  upon  the  oyster  bank.  They 
went  out  to  gather  oysters,  and,  not  making  fast  their  boat,  when  the 
flood  came,  it  floated  away,  and  they  were  both  drowned,  although  they 
might  have  waded  out  on  either  side  ;  but  it  was  an  evident  judgment  of 
God  upon  them,  for  they  were  wicked  persons.  One  of  them,  a  little 
before,  being  reproved  for  his  lewdness,  and  put  in  mind  of  hell, 
answered,  that  if  hell  were  ten  times  hotter,  he  had  rather  be  there 
than  he  would  serve  his  master,  etc.  The  occasion  was,  because  he  had 
bound  himself  for  divers  years,  and  saw  that,  if  he  had  been  at  liberty, 
he  might  have  had  greater  wages,  though  otherwise  his  master  used  him 
very  well. 

"  November,  1633.  .  .  .  The  scarcity  of  workmen  had  caused  them 
to  raise  their  wages  to  an  excessive  rate,  so  as  a  carpenter  would  have 
three  shillings  the  day,  a  laborer  two  shillings  and  sixpence,  etc.  ;  and 
accordingly  those  who  had  commodities  to  sell  advanced  their  prices 
sometime  double  to  that  they  cost  in  England,  so  as  it  grew  to  a  general 
complaint,  which  the  court,  taking  knowledge  of,  as  also  of  some  further 
evils,  which  were  springing  out  of  the  excessive  rate  of  wages,  they  made 
an  order,  that  carpenters,  masons,  etc.,  should  take  but  two  shillings  the 
day,  and  laborers  but  eighteen  pence,  and  that  no  commodity  should  be 
sold  at  above  four  pence  in  the  shilling  more  than  it  cost  for  ready 


188  DEVELOPMENT  OF  DEMOCRACY 

money  in  England  ;  oil,  wine,  etc.,  and  cheese  (in  regard  of  the  hazard 
of  bringing,  etc.,)  excepted.  .  .  ." 

Winthrop,  no  doubt,  put  the  cart  before  the  horse.  The  increased 
cost  of  all  European  goods,  due  to  high  freights,  necessitated  higher 
wages  ;  but  Winthrop  resents  any  attempt  of  the  laborers  to  ask  more 
than  their  old  European  wages.] 

66.   The  Beginning  of  Town  Government  in  Massachusetts,  1633 

Dorchester  Town  Records,  p.  3. 

For  some  three  years  after  the  great  migration  of  1630,  the  eight 
Massachusetts  "  towns  "  were  governed  wholly  by  the  central  colonial 
authority,  —  the  courts  of  Assistants  and  the  General  Courts,  —  and  by 
officers  appointed  by  this  central  authority.  The  entry  below  marks  the 
beginning  of  local  self-government.  The  Dorchester  Records,  it  is  true, 
contain  notice  of  four  earlier  meetings  to  regulate  pasturage  or  the  divi 
sion  of  town  lands  (cf.  one  such  Boston  meeting  later  ;  No.  73  ft)  ;  but 
here  we  have  a  formal  assumption  of  government  by  periodic  town  meet 
ings  and  "  select  men."  The  next  town  to  act  in  a  like  way  was  Water- 
town  (cf.  No.  83,  opening).  Later  (cf.  No.  78,  law  66),  the  central  gov 
ernment  accepted  this  establishment  of  local  government,  giving  it  the 
sanction  of  law.  On  the  history  of  this  movement,  see  American  History 
and  Government,  §§  71-74. 

An  agreement  made  by  the  whole  consent  and  vote  of  the 
Plantation  made  Mooneday  8th  of  October,  1633. 

Inprimus  it  is  ordered  that  for  the  generall  good  and  well 
ordering  of  the  affayres  of  the  Plantation  their  shall  be  every 
Mooneday  before  the  Court  by  eight  of  the  Clocke  in  the  morn 
ing,  and  presently  upon  the  beating  of  the  drum,  a  generall 
meeting  of  the  inhabitants  of  the  Plantation  att  the  meeteing 
house,  there  to  settle  (and  sett  downe)  such  orders  as  may  tend 
to  the  generall  good  as  aforesayd ;  and  every  man  to  be  bound 
thereby  without  gaynesaying  or  resistance.  It  is  also  agreed 
that  there  shall  be  twelve  men  selected  out  of  the  Company 
that  may  or  the  greatest  part  of  them  meete  as  aforesayd  to 
determine  as  aforesayd,  yet  so  as  it  is  desired  that  the  most  of 
the  Plantation  will  keepe  the  meeteing  constantly  and  all  that 
are  there  although  none  of  the  Twelve  shall  have  a  free  voyce 
as  any  of  the  12  and  that  the  greate[r]  vote  both  of  the  12  and 


REPRESENTATIVE  CENTRAL  GOVERNMENT     189 

the  other  shall  be  of  force  and  efficasy  as  aforesayd.  And  it 
is  likewise  ordered  that  all  things  concluded  as  aforesayd  shall 
stand  in  force  and  be  obeyed  untill  the  next  monthely  meeteing 
and  afterwardes  if  it  be  not  contradicted  and  other  wise  ordered 
upon  the  sayd  monthley  meete[ing]  by  the  greatest  parts  of 
those  that  are  present  as  aforesayd. 

67.   Representative  Central  Government  Established,  1634 
a.    Winthrop's  Account 

Winthrop's  History  of  New  England,  under  dates  given.  Cf.  Intro 
duction  to  No.  64  for  Winthrop's  bias. 

For  the  outline  of  the  whole  story,  cf.  American  History  and  Govern 
ment,  §  64. 

[April  1,  1634.]  .  .  .  Notice  being  sent  out  of  the  general 
court  to  be  held  the  14th  day  of  the  third  month,  called  May, 
the  freemen  deputed  two  of  each  town  to  meet  and  consider  of 
such  matters  as  they  were  to  take  order  in  at  the  same  general 
court  ;  who,  having  met,  desired  a  sight  of  the  patent,  and,  con 
ceiving  thereby  that  all  their  laws  should  be  made  at  the 
general  court,  repaired  to  the  governour  to  advise  with  him 
about  it,  and  about  the  abrogating  of  some  orders  formerly 
made,  as  for  killing  of  swine  in  corn,1  etc.  He  told  them, 
that,  when  the  patent  was  granted,  the  number  of  freemen  was 
supposed  to  be  (as  in  like  corporations)  so  few,  as  they  might 
well  join  in  making  laws ;  but  now  they  were  grown  to  so  great 
a  body,  as  it  was  not  possible  for  them  to  make  or  execute  laws, 
but  they  must  choose  others  for  that  purpose  :  and  that  howso 
ever  it  would  be  necessary  hereafter  to  have  a  select  company 
to  intend  that  work,  yet  for  the  present  they  were  not  furnished 
with  a  sufficient  number  of  men  qualified  for  such  a  business; 
neither  could  the  commonwealth  bear  the  loss  of  time  of  so 
many  as  must  intend  it.  Yet  this  they  might  do  at  present, 
viz.,  they  might,  at  the  general  court,  make  an  order,  that,  once 
in  the  year,  a  certain  number  should  be  appointed  (upon  sum- 

iCf.  No.  65  (9). 


190  DEVELOPMENT   OF  DEMOCRACY 

mons  from  the  governour)  to  revise  all  laws,  etc.,  and  to  reform 
what  they  found  amiss  therein ;  but  not  to  make  any  new  laws, 
but  prefer  their  grievances  to  the  court  of  assistants ;  and  that 
no  assessment  should  be  laid  upon  the  country  without  the 
consent  of  such  a  committee,  nor  any  lands  disposed  of.  ... 

[May  14.]  At  the  general  court,  Mr.  Cotton  preached,  and 
delivered  this  doctrine,  that  a  magistrate  ought  not  to  be  turned 
into  the  condition  of  a  private  man  without  just  cause,  and  to 
be  publicly  convict,  no  more  than  the  magistrates  may  not  turn 
a  private  man  out  of  his  freehold,  etc.,  without  like  public  trial, 
etc.  This  falling  in  question  in  the  court,  and  the  opinion  of 
the  rest  of  the  ministers  being  asked,  it  was  referred  to  further 
consideration. 

The  court  chose  a  new  governour,  viz.,  Thomas  Dudley,1  Esq., 
the  former  deputy ;  and  Mr.  Ludlow  was  chosen  deputy ;  and 
John  Haines,  Esq.,  an  assistant,  and  all  the  rest  of  the  assist 
ants  chosen  again. 

At  this  court  it  was  ordered,  that  four  general  courts  should 
be  kept  every  year,  and  that  the  whole  body  of  the  freemen 
should  be  present  only  at  the  court  of  election  of  magistrates, 
etc.,  and  that,  at  the  other  three,  every  town  should  send 
their  deputies,  who  should  assist  in  making  laws,  disposing 
lands,  etc.  Many  good  orders  were  made  by  this  court.  It  held 
three  days,  and  all  things  were  carried  very  peaceably,  not 
withstanding  that  some  of  the  assistants  were  questioned  by 
the  freemen  for  some  errors  in  their  government,  and  some  fines 
imposed,  but  remitted  again  before  the  court  broke  up.  The 
court  was  kept  in  the  meeting  house  at  Boston,  and  the  new 
governour  and  the  assistants  were  together  entertained  at  the 
house  of  the  old  governour,  as  before. 

1 A  marginal  note  in  the  manuscript,  in  Winthrop's  handwriting,  adds 
"  chosen  by  papers."  This  election  of  Winthrop's  rival,  by  a  secret  ballot, 
was  the  democratic  answer  to  Cotton's  argument  above. 


REPRESENTATIVE  CENTRAL  GOVERNMENT     191 

b.  The  Colony  Records 

(1)  [An  Attempt  of  the  Oligarchic  Government  to  hold  the  Alle 

giance  of  all  Inhabitants  by  an  Oath.~\ 

The  Oath  for  all  Inhabitants  prescribed  at  a  Court  of 
Assistants  at  Boston,  April  1/11,  1634. 

I  doe  heare  sweare,  and  call  God  to  witnes,  that,  being 
riowe  an  inhabitant  within  the  lymitts  of  this  jurisdiccion  of 
the  Massachusetts,  I  doe  acknowledge  my  self  e  lawfully  subject 
to  the  aucthoritie  and  goverment  there  established  and  doe 
accordingly  submitt  my  person,  family,  and  estate,  to  be  pro 
tected,  ordered,  and  governed  by  the  lawes  and  constitucions 
thereof,  and  doe  faithfully  promise  to  be  from  time  to  time 
obedient  and  conformeable  thereunto,  and  to  the  aucthoritie  of 
the  Governor,  and  all  other  the  magistrates  there,  and  their 
successors,  and  to  all  such  lawes,  orders,  sentences,  and  de 
crees,  as  no  we  are  or  hereafter  shalbe  lawfully  made,  decreed, 
and  published  by  them  or  their  successors.  And  I  will  alwayes 
indeavor  (as  in  duty  I  am  bound)  to  advance  the  peace  and 
wellfaire  of  this  body  pollitique,  and  I  will  (to  my  best  power 
and  meanes)  seeke  to  devert  and  prevent  whatsoever  may  tende 
to  the  mine  or  damage  thereof,  or  of  the  Governor,  Deputy 
Governor,  or  Assistants,  or  any  of  them  or  their  successors,  and 
will  give  speedy  notice  to  them,  or  some  of  them,  of  any  sedicion, 
violence,  treacherie,  or  other  hurte  or  evill  which  I  shall  knowe, 
heare,  or  vehemently  suspect  to  be  plotted  or  intended  against 
them  or  any  of  them,  or  against  the  said  Commonwealth  or 
goverment  established.  Soe  helpe  mee  God. 

(2)  [The  Revolutionary  General  Court  of  May  14/24,  1634.'] 

This  court  opens  with  a  list  of  those  present,  giving,  after  the  names 
of  the  Assistants,  twenty-four  other  names  written  in  different  columns, 
before  the  usual  word  Generalise.  These  twenty-four  seem  to  have 
come,  by  threes,  from  each  of  the  eight  towns.  It  is  quite  certain  that 
they  were  " deputies"  sent  for  the  purpose  by  the  towns.  Cf.  American 
History  and  Government,  §  64. 


192  DEVELOPMENT  OF  DEMOCRACY 

Oath  of  Freemen 

I  (A.  J5.),  being,  by  Gods  providence,  an  inhabitant  and 
ffreeman  within  the  jurisdiccion  of  this  commonweale,  doe 
freely  acknowledge  ray  selfe  to  be  subject  to  the  goverment 
there  of,  and  therefore  doe  heere  sweare,  by  the  greate  and 
dreadfull  name  of  the  everlyveing  God,  that  I  wilbe  true  and 
faithfull  to  the  same,  and  will  accordingly  yeilde  assistance 
and  support  thereunto,  with  my  person  and  estate,  as  in  equity 
I  am  bound,  and  will  also  truely  indeavor  to  rnainetaine  and 
preserve  all  the  libertyes  and  previlidges  thereof,  submitting  my 
selfe  to  the  wholesome  lawes  and  orders  made  and  established 
by  the  same  ;  and  further,  that  I  will  not  plott  nor  practise 
any  evill  against  it,  nor  consent  to  any  that  shall  soe  doe,  but 
will  timely  discover  and  reveale  the  same  to  lawful  aucthority 
nowe  here  established,  for  the  speedy  preventing  thereof. 
Moreover,  I  doe  solemnely  bynde  myselfe,  in  the  sight  of  God, 
that  when  I  shalbe  called  to  give  my  voice  touching  any  such 
matter  of  this  state,  wherein  ffreemen  are  to  deale,  I  will  give  my 
vote  and  suffrage,  as  I  shall  judge  in  myne  oune  conscience  may 
best  conduce  and  tend  to  the  publique  weale  of  the  body,  without 
respect  of  persons,  or  favor  of  any  man.  Soe  helpe  mee  God,  in 
the  Lord  Jesus  Christ.1 

Further,  it  is  agreed,  that  none  but  the  Generall  Court  hath 
power  to  chuse  and  admitt  ffreemen. 

That  none  but  the  Generall  Court  hath  power  to  make  and 
establishe  lawes,  nor  to  elect  and  appoynct  officers,  as  Governor, 
Deputy  Governor,  Assistants,  Tresurer,  Secretary,  Captain, 
Leiuetenants,  Ensignes,  or  any  of  like  moment,  or  to  remove 
such  upon  misdemeanor,  as  also  to  sett  out  the  dutyes  and  powers 
of  the  said  officers. 

That  none  but  the  Generall  Court  hath  power  to  rayse  mon- 
eyes  and  taxes,  and  to  dispose  of  lands,  viz.  to  give  and  con- 
firme  proprietyes. 

1  For  the  significance  of  the  difference  between  this  oath  and  that  in  (1) 
above,  cf.  American  History  and  Government,  §  64. 


REPRESENTATIVE  CENTRAL  GOVERNMENT     193 

Thomas  Dudley,  Esq.  was  chosen  Governor  for  this  yeare 
nexte  ensueing,  and  till  a  newe  be  chosen,  and  did,  in  presence 
of  the  Court,  take  an  oath  to  his  said  place  belonginge.  .  .  . 

It  is  agreed,  that  there  shalbe  ten  pounds  ffine  sett  upon  the 
Court  of  Assistants,  and  Mr.  Mayhewe,  for  breach  of  an  order 
of  Court  against  imployeing  Indeans  to  shoote  with  peeces,  the 
onehalfeto  be  payde  by  Mr.  Pinchon  and  Mr.  Mayhewe,  offend 
ing  therein,  the  other  halfe  by  the  Court  of  Assistants  then  in 
being,  who  gave  leave  thereunto. 

It  was  further  ordered,  that  the  constable  of  every  plan- 
tacion  shall,  upon  process  receaved  from  the  Secretary,  give 
timely  notice  to  the  ffremen  of  the  plantacion  where  hee  dwells 
to  send  soe  many  of  their  said  members  as  the  process  shall 
direct,  to  attend  upon  publique  service ;  and  it  is  agreed  that 
no  tryall  shall  passe  upon  any,  for  life  or  banishment,  but  by  a 
jury  soe  summoned,  or  by  the  Generall  Courte. 

It  is  like  wise  ordered  that  there  shalbe  foure  Generall  Courts 
held  yearely,  to  be  summoned  by  the  Governor,  for  the  tyme 
being,  and  not  to  be  dissolved  without  the  consent  of  the  major 
parte  of  the  Court. 

It  was  farther  ordered  that  it  shalbe  lawfull  for  the  ffremen  of 
every  plantacion  to  chuse  two  or  three  of  each  towne  before  every 
Generall  Court,  to  conferre  of  and  prepare  such  publique  busines 
as  by  them  shalbe  thought  fitt  to  consider  of  att  the  nexte  Generall 
Court,  and  that  such  persons  as  shalbe  hereafter  soe  deputed  by  the 
ffreemen  of[the~\  sever  all  plantations,  to  deale  in  their  behalfe,  in 
the  publique  affayres  of  the  commonwealth,  shall  have  the  full  power 
and  voycesofall  the  said  ffreemen,  deryved  to  them  for  the  make- 
ing  and  establishing  oflawes,  graunting  of  lands,  etc.,  and  to  deale 
in  all  other  affaires  of  the  commonwealth  wherein  the  ffreemen 
have  to  doe,  the  matter  of  election  of  magistrates  and  other  officers 
onely,  excepted,  wherein  every  freeman  is  to  gyve  his  owne  voyce.1 

1  This  enactment  is  the  formal  establishment  of  representative  government 
in  the  colony,  —  in  accordance  with  the  character  of  this  Court  which  so  de 
creed.  Cf.  Introduction,  above,  to  this  No.  67  b.  (2). 


194  DEVELOPMENT  OF  DEMOCRACY 

All  former  orders  concerneing  swine  are  repealed.  And  it  is 
agreed  that  every  towne  shall  have  liberty  to  make  such  orders 
aboute  swine  as  they  shall  judge  best  for  themselves,  and  that 
if  the  swine  of  one  towne  shall  come  within  the  the  lymitts  of 
another,  the  owners  thereof  shalbe  lyeable  to  the  orders  of  that 
towne  where  their  swine  soe  trespasseth.  .  .  . 

68.   Reaction :  The  Aristocratic  Veto 

Winthrop's  History  of  New  England. 

[September  4,  1634.]  The  general  court  began  at  Newtown, 
and  continued  a  week,  and  then  was  adjourned  fourteen  days. 
Many  things  were  there  agitated.  .  .  .  But  the  main  business, 
which  spent  the  most  time,  and  caused  the  adjourning  of  the 
court,  was  about  the  removal  of  Newtown  [to  Connecticut].  .  .  . 

Upon  these  and  other  arguments  the  court  being  divided,  it 
was  put  to  vote ;  and,  of  the  deputies,  fifteen  were  for  their 
departure,  and  ten  against  it.  The  governour  and  two  assist 
ants  were  for  it,  and  the  deputy  and  all  the  rest1  of  the  assist 
ants  were  against  it,  (except  the  secretary,  who  gave  no  vote ;) 
whereupon  no  record  was  entered,  because  there  were  not  six 
assistants  in  the  vote,1  as  the  patent  requires.  Upon  this 
grew  a  great  difference  between  the  governour  and  assistants, 
and  the  deputies.  They  would  not  yield  the  assistants  a 
negative  voice,  and  the  others  (considering  how  dangerous  it 
might  be  to  the  commonwealth,  if  they  should  not  keep  that 
strength  to  balance  the  greater  number  of  the  deputies)  thought 
it  safe  to  stand  upon  it.  So,  when  they  could  proceed  no 
farther,  the  whole  court  agreed  to  keep  a  day  of  humiliation 
to  seek  the  Lord,  which  accordingly  was  done,  in  all  the  con 
gregations,  the  18th  day  of  this  month  ;  and  the  24th  the  court 
met  again.  Before  they  began,  Mr.  Cotton  preached,  (being 
desired  by  all  the  court,  upon  Mr.  Hooker's  instant  excuse  of 
his  unfitness  for  that  occasion).  He  took  his  text  out  of  Hag. 

1  Not  more  than  four,  so  the  vote  stood  probably  18  for,  and  15  against. 
But  the  new  claim  of  the  Assistants  that  at  least  six  magistrates  must  be 
"  in  the  vote  "  (i.e.  vote  yes)  prevents  action. 


RIGHT   OF  FREE   SPEECH   DENIED  195 

ii,  4,  etc.,  out  of  which  he  laid  down  the  nature  or  strength 
(as  he  termed  it)  of  the  magistracy,  ministry,  and  people, 
viz.,  —  the  strength  of  the  magistracy  to  be  their  authority; 
of  the  people,  their  liberty  ;  and  of  the  ministry,  their  purity  ; 
and  showed  how  all  of  these  had  a  negative  voice,  etc.,  and 
that  yet  the  ultimate  resolution,  etc.,  ought  to  be  in  the  whole 
body  of  the  people,  etc.,  with  answer  to  all  objections,  and  a 
declaration  of  the  people's  duty  and  right  to  maintain  their 
true  liberties  against  any  unjust  violence,  etc.,  which  gave 
great  satisfaction  to  the  company.  And  it  pleased  the  Lord 
so  to  assist  him,  and  to  bless  his  own  ordinance,  that  the 
affairs  of  the  court  went  on  cheerfully ;  and  although  all  were 
not  satisfied  about  the  negative  voice  to  be  left  to  the  magis 
trates,  yet  no  man  moved  aught  about  it,  and  the  congregation 
of  Newtown  came  and  accepted  of  such  enlargement  as  had 
formerly  been  offered  them  by  Boston  and  Watertown ;  and 
so  the  fear  of  their  removal  to  Connecticut  was  removed.  .  .  . 
At  this  court  were  many  laws  made  against  tobacco,  and  im 
modest  fashions,  and  costly  apparel,1  etc.,  as  appears  by  the 
Records :  and  £600  raised  towards  fortifications  and  other 
charges.  .  .  . 

69.  Right  of  Free  Speech  Denied 

Winthrop's  History  of  New  England. 

March  4,  1634  [1635]  ...  At  this  court,  one  of  the  deputies 
was  questioned  for  denying  the  magistracy  among  us,  affirming 
that  the  power  of  the  governour  was  but  ministerial,  etc.  He 
had  also  much  opposed  the  magistrates,  and  slighted  them, 

1  It  is  refreshing  to  see  that  the  gentle  Puritan  women  were  not  to  be  con 
trolled  in  the  matter.  In  1638,  four  years  later,  \\~inthrop  has  the  following 
item: 

"The  court,  taking  into  consideration  the  great  disorder  general  through 
the  country  in  costliness  of  apparel,  and  following  new  fashions,  sent  for  the 
elders  of  the  churches,  and  conferred  with  them  about  it,  and  laid  it  upon 
them,  as  belonging  to  them,  to  redress  it,  by  urging  it  upon  the  consciences  of 
their  people,  which  they  promised  to  do.  But  little  was  done  about  it;  for 
divers  of  the  eiders'  wives,  etc.;were  in  some  measure  partners  in  this  general 
disorder." 


196  DEVELOPMENT  OF  DEMOCRACY 

and  used  many  weak  arguments  against  the  negative  voice,  as 
himself  acknowledged  upon  record.  He  was  adjudged  by  all 
the  court  to  be  disabled  for  three  years  from  bearing  any 
public  office.  .  .  . 

[This  was  Israel  Stoughton,  deputy  from  Dorchester  (see  No.  70,  below) . 
Afterward  Stoughton  was  an  officer  in  Cromwell's  original  regiment  of 
Ironsides. 

Winthrop  wrote  a  pamphlet  in  favor  of  the  negative  voice ;  but  for 
this  he  was  not  called  to  account.  ] 

70.   Formal  Adoption  of  the  Ballot  in  Elections  in  the  General 

Court 

Winthrop's  History  of  New  England.  For  the  one  earlier  instance, 
cf .  No.  67  a  and  note. 

[May  6/16,  1635.]  A  general  court  was  held  at  Newtown, 
where  John  Haynes,  Esq.,  was  chosen  governour,  Richard 
Bellingham,  Esq.,  deputy  governour,  and  Mr.  Hough  and  Mr. 
Dummer  chosen  assistants  to  the  former;  and  Mr.  Ludlow, 
the  late  deputy,  left  out  of  the  magistracy.  The  reason  was, 
partly,  because  the  people  would  exercise  their  absolute  power, 
etc.,  and  partly  upon  some  speeches  of  the  deputy,  who  pro 
tested  against  the"  election  of  the  governour  as  void,  for  that 
the  deputies  of  the  several  towns  had  agreed  upon  the  election 
before  they  came,  etc.1  But  this  was  generally  discussed,  arid 
the  election  adjudged  good. 

Mr.  Endecott  was  also  left  out,  and  called  into  question 
about  the  defacing  the  cross  in  the  ensign.  .  .  . 

The  governour  and  deputy  were  elected  by  papers,  wherein 
their  names  were  written ;  but  the  assistants  were  chosen  by 
papers,  without  names,  viz.  the  governour  propounded  one  to 
the  people ;  then  they  all  went  out,  and  came  in  at  one  door, 
and  every  man  delivered  a  paper  into  a  hat.  Such  as  gave 
their  vote  for  the  party  named,  gave  in  a  paper  with  some 
figures  or  scroll  in  it ;  others  gave  in  a  blank. 


.  Ludlow's  extreme  fear  of  democracy  in  No.  64,  above. 


SECRET  BALLOT  IN  A  LOCAL  ELECTION   197 

A  petition  was  preferred  by  many  of  Dorchester,  etc.,  for 
releasing  the  sentence  against  Mr.  Stoughton  the  last  general 
court ;  but  it  was  rejected,  and  the  sentence  affirmed  by  the 
country  to  be  just.  .  .  . 

71.  Secret  Ballot  in  a  Local  Election,  because  of  Democratic  and 
Aristocratic  Jealousies 

Winthrop's  History  of  New  England. 

The  use  of  the  ballot  noted  in  No.  70  was  not  the  first  in  New  England. 
An  earlier  instance  in  the  General  Court  of  the  year  before  has  been 
noted  (No.  67  a,  note),  and  the  following  extract  shows  an  instance  of  its 
use  in  a  town  election,  along  with  other  interesting  political  data.  On 
the  matter  of  the  ballot,  cf.  American  History  and  Government,  §  77. 

December  11,  1634.  This  day  after  the  lecture,1  the  in 
habitants  of  Boston  met  to  choose  seven  men  who  should 
divide  the  town  lands  among  them.  They  chose  by  papers, 
and,  in  their  choice,  left  out  Mr.  Winthrop,  Coddington,  and 
other  of  the  chief  men ;  only  they  chose  one  of  the  elders  and 
a  deacon,  and  the  rest  of  the  inferior  sort,  and  Mr.  Winthrop 
had  the  greater  number  before  one  of  them  by  a  voice  or  two. 
This  they  did,  as  fearing  that  the  richer  men  would  give  the 
poorer  sort  no  great  proportions  of  land,  but  would  rather 
leave  a  great  part  at  liberty  for  new  coiners  and  for  common, 
which  Mr.  Winthrop  had  oft  persuaded  them  unto,  as  best 
for  the  town,  etc.  Mr.  Cotton  and  divers  others  were  offended 
at  this  choice,  because  they  declined  the  magistrates ;  and  Mr. 
Winthrop  refused  to  be  one  upon  such  an  election  as  was 
carried  by  a  voice  or  two,  telling  them,  that  though,  for  his 
part,  he  did  not  apprehend  any  personal  injury,  nor  did  doubt 
of  their  good  affection  towards  him,  yet  he  was  much  grieved 
that  Boston  should  be  the  first  who  should  shake  off  their 
magistrates,  especially  Mr.  Coddington,  who  had  been  always 

iThe  mid-week  (Thursday)  religious  service,  then  held  in  the  morning, 
of  which  our  Thursday  evening  "  prayer  meetings  "  are  a  survival.  Boston 
had  no  town  government,  as  yet,  with  regular  town  meetings ;  but  the  gather 
ing  for  this  religious  purpose  was  utilized  for  a  special  governmental  purpose. 


198  DEVELOPMENT   OF  DEMOCRACY 

so  forward  for  'their  enlargement ;  adding  farther  reason  of 
declining  this  choice,  to  blot  out  so  bad  a  precedent.  Where 
upon,  at  the  motion  of  Mr.  Cotton,  who  showed  them,  that  it 
was  the  Lord's  order  among  the  Israelites  to  have  all  such 
businesses  committed  to  the  elders,  and  that  it  had  been  nearer 
the  rule  to  have  chosen  some  of  each  sort,  etc.,  they  all  agreed 
to  go  to  a  new  election,  which  was  referred  to  the  next  lecture 
day.1 

72.   Martial  Law 

Records  of  the  Governor  and  Company  of  Massachusetts  Bay. 

Att  a  Generall  Court  holden  at  NeweTowne,  March  llth, 
1634  [March  21,  1635.] 

It  is  ordered,  that  the  present  Governor,  Deputy  Governor, 
John  Winthrop,  John  Humfry,  John  Haynes,  John  Endicott, 
William  Coddington,  William  Pinchon,  Increase  Nowell, 
Richard  Bellingham,  Esquire,  and  Simon  Birdstreete,  or  the 
major  parte  of  them,  whoe  are  deputed  by  this  Court  to 
dispose  of  all  millitary  affaires  whatsoever,  shall  have  full 
power  and  aucthority  to  see  all  former  lawes  concerneing  all 
military  men  and  municion  executed,  and  also  shall  have  full 
power  to  ordeyne  or  remove  all  millitary  officers,  and  to  make 
and  tender  to  them  an  oathe  suteable  to  their  places,  to 
dispose  of  all  companyes,  to  make  orders  for  them,  and  to 
make  and  tender  to  them  a  suteable  oath,  and  to  see  that 
strickt  dissipline  and  traineings  be  observed,  and  to  command 
them  forth  upon  any  occacion  they  thinke  meete,  to  make 
either  offensive  or  defensive  warr,  as  also  to  doe  whatsoever 
may  be  further  behoofefull,  for  the  good  of  this  plantacion, 
in  case  of  any  warr  that  may  befall  us,  and  also  that  the 
aforesaid  commissioners,  or  the  major  parte  of  them,  shall 
have  power  to  imprison  or  confine  any  that  they  shall  judge  to 
be  eriemyes  to  the  commonwealth,  and  such  as  will  not  come 

1  The  aristocratic  protest  won  ;  at  the  second  election,  the  usual  gentlemen 
were  placed  upon  the  committee. 


THE  WHEELWRIGHT   CONTROVERSY  199 

under  command  or  restrain te,  as  they  shalbe  required,  it  shalbe 
lawfull  for  the  said  commissioners  to  putt  such  persons  to 
death.  This  order  to  continue  till  the  end  of  the  next 
Generall  Court. 

[At  the  next  Court  (May,  1635  ;  the  same  to  which  Winthrop  refers 
in  No.  70,  above),  this  committee  with  its  authority  was  continued  for 
one  year,  though  this  power  was  wholly  unauthorized  by  the  charter.  The 
reason  was  a  desire  to  be  prepared  to  resist  a  "  General  Governor  "  from 
England.  Cf.  American  History  and  Government,  §  61.] 

73.  Life  Council;  Proxies;  "Approved"  Churches 

Winthrop's  History  of  New  England. 

April  7,  1636.  At  a  general  court  it  was  ordered  that  a 
certain  number  of  the  magistrates  should  be  chosen  for  life 
(the  reason  was,  for  that  it  was  showed  from  the  word  of  God, 
etc.,  that  the  principal  magistrates  ought  to  be  for  life).1  .  .  . 
It  was  likewise  ordered  .  .  .  that,  in  regard  of  the  scarcity  of 
vituals,  the  remote  towns  should  send  their  votes  by  proxy  to 
the  court  of  elections,2  and  that  no  church  .  .  .  should  be 
allowed  .  .  .  that  was  gathered  without  consent  of  the 
churches  and  magistrates.3 

74.   The  Wheelwright  Controversy  (Political  Aspects) 
Winthrop's  History  of  New  England. 

May  17,  1637.  Our  court  of  elections  was  at  Newtown. 
So  soon  as  the  court  was  set,  being  about  one  of  the  clock,  a 
petition  was  preferred  by  those  of  Boston.  The  governour 
would  have  read  it,  but  the  deputy  said  it  was  out  of  order ; 
it  was  a  court  for  elections,  and  those  must  first  be  despatched, 

1  The  immediate  occasion  was  the  desire  to  satisfy  Lord  Say  and  Lord 
Brooke.     Cf.  No.  75,  below. 

2  This  provision  for  "  proxies,"  or  written  ballots  (as  the  men  of  that  day 
used  the  term  "proxy  "  often),  was  soon  extended  to  all  towns  at  all  annual 
elections. 

3  The  regulation  regarding  churches    was  needful  to  supplement  the  re 
striction  of  the  franchise  to  church  members  (No.  63  (4)). 


200  DEVELOPMENT  OF  DEMOCRACY 

and  then  their  petitions  should  be  heard.  Divers  others  also 
opposed  that  course,  as  an  ill  precedent,  etc. ;  and  the  petition, 
being  about  pretence  of  liberty,  etc.,  (though  intended  chiefly 
for  revoking  the  sentence  given  against  Mr.  Wheelwright,) 
would  have  spent  all  the  day  in  debate,  etc.  ;  but  yet  the 
governour  and  those  of  that  party  would  not  proceed  to  elec 
tion,  except  the  petition  was  read.  Much  time  was  already 
spent  about  this  debate,  and  the  people  crying  out  for  election, 
it  was  moved  by  the  deputy,  that  the  people  should  divide 
themselves,  and  the  greater  number  must  carry  it.  And  so  it 
was  done,  and  the  greater  number  by  many  were  for  election. 
But  the  governour  [Vane]  and  that  side  kept  their  place  still, 
and  would  not  proceed.  Whereupon  the  deputy  [Winthrop] 
told  him,  that,  if  he  would  not  go  to  election,  he  and  the  rest 
of  that  side  would  proceed.  Upon  that,  he  came  from  his 
company,  and  they  went  to  election ;  and  Mr.  Winthrop  was 
chosen  governour,  Mr.  Dudley  deputy,  and  Mr.  Endecott  of 
the  standing  council ;  and  Mr.  Israel  Stoughton  and  Mr. 
Richard  Saltonstall  were  called  in  to  be  assistants ;  and  Mr. 
Vane,  Mr.  Coddington,  and  Mr.  Dummer,  (being  all  of  that 
faction,)  we're  left  quite  out. 

There  was  great  danger  of  a  tumult  that  day ;  for  those  of 
that  side  grew  into  fierce  speeches,  and  some  laid  hands  on 
others ;  but  seeing  themselves  too  weak,  they  grew  quiet. 
They  expected  a  great  advantage  that  day,  because  the  remote 
towns  were  allowed  to  come  in  by  proxy ;  but  it  fell  out,  that 
there  were  enough  beside.  But  if  it  had  been  otherwise,  they 
must  have  put  in  their  deputies,  as  other  towns  had  done,  for 
all  matters  beside  elections.  Boston,  having  deferred  to 
choose  deputies  till  the  election  was  passed,  went  home  that 
night,  and  the  next  morning  they  sent  Mr.  Vane,  the  late 
governour,  and  Mr.  Coddington,  and  Mr.  Hoffe,  for  their 
deputies ;  but  the  court,  being  grieved  at  it,  found  a  means  to 
send  them  home  again,  for  that  two  of  the  freemen  of  Boston l  had 

1  Presumably  Winthrop  and  Cotton,  who  had  stayed  at  Newtown  for  the 
Court. 


POLITICAL  CONDITIONS  IN  NEW  ENGLAND     201 

not  notice  of  the  election.  So  they  went  all  home,  and  the  next 
morning  they  returned  the  same  gentleman  again  upon  a  new 
choice ;  and  the  court  not  finding  how  they  might  reject  them, 
they  were  admitted.  .  .  . 

76.    Political  and  Social  Conditions  in  New  England  before  1660 

a.   Correspondence  between  Cotton  and  Certain  English 
Lords,  1636 

Thomas  Hutchinson's  History  of  Massachusetts  Bay  (1769),  App.  II. 

In  1636,  certain  Puritan  lords  in  England  sent  to  John  Cotton  in  Mas 
sachusetts  a  series  of  conditions  upon  which  they  might  come  to  live  in 
the  colony.  Cotton  prepared  the  answers,  with  "  such  leading  men  as 
[he]  thought  meete  to  consult." 

CERTAIN  Proposals  made  by  LORD  SAY,  LORD 
BROOKE,  and  other  Persons  of  quality,  as  conditions  of  their 
removing  to  NEW-ENGLAND,  with  the  answers  thereto. 

Demand  1.  That  the  Commonwealth  should  consist  of  two 
distinct  ranks  of  men,  —  whereof  the  one  should  be  (for  them 
and  their  heirs)  gentlemen  of  the  country ;  the  other  (for  them 
and  their  heirs)  freeholders. 

Answer.  Two  distinct  ranks  we  willingly  acknowledge,  from 
the  light  of  nature  and  scripture ;  the  one  of  them  called  Princes 
or  Nobles,  or  Elders  (amongst  whom  gentlemen  have  their  place)  ; 
the  other,  the  people.  Hereditary  dignity  or  honours  we  will 
ingly  allow  to  the  former,  unless  by  the  scandalous  and  base 
conversation  of  any  of  them,  they  become  degenerate.  Heredi 
tary  liberty,  or  estate  of  freemen,  we  willingly  allow  to  the 
other,  unless  they  also,  by  some  unworthy  and  slavish  carriage, 
do  disfranchize  themselves. 

Dem.  2.  That  in  these  gentlemen  and  freeholders,  assembled 
together,  the  chief  power  of  the  Commonwealth  shall  be  placed, 
both  for  making  and  repealing  laws. 

Ans.    So  it  is  with  us. 

Dem.  3.  That  each  of  these  two  ranks  should,  in  all  public  as 
semblies,  have  a  negative  voice,  so  as  without  a  mutuall  consent 
nothing  should  be  established. 


202  DEVELOPMENT   OF   DEMOCRACY 

Ans.   So  it  is  agreed  among  us. 

Dem.  4-  That  the  first  rank  (consisting  of  gentlemen)  should 
have  power,  for  them  and  their  heirs,  to  come  to  the  parliaments 
or  public  assemblies,  and  there  to  give  their  free  votes  person 
ally  ;  the  second  rank  (of  freeholders)  should  have  the  same 
power  for  them  and  their  heirs  of  meeting  and  voting,  but  by 
their  deputies. 

Ans.  Thus  far  this  demand  is  practiced  among  us.  The 
freemen  meet  and  vote  by  their  deputies ;  the  other  rank  give 
their  votes  personally,  only  with  this  difference,  there  be  no 
more  of  the  gentlemen  that  give  their  votes  personally  but  such 
as  are  chosen  to  places  of  office,  either  governors,  deputy  gov 
ernors,  councellors,  or  assistants.  All  gentlemen  in  England 
have  not  that  honour  to  meet  and  vote  personally  in  parliament, 
much  less  all  their  heirs.  But  of  this  more  fully,  in  an  answer 
to  the  ninth  and  tenth  demand. 

Dem.  5.  Tliat  for  facilitating  and  dispatch  of  business,  and 
other  reasons,  the  gentlemen  and  freeholders  should  sit  and  hold 
their  meetings  in  two  distinct  houses. 

Ans.  We  'willingly  approve  the  motion,  only  as  yet  it  is  not  so 
practiced  among  us,  but  in  time,  the  variety  and  discrepancy  of 
sundry  occurrences  will  put  them  upon  a  necessity  of  sitting  apart. 
*  *  #  *  *  *  * 

Dem.  8.    [The  governor  to  be  chosen  from  "gentlemen."'] 

Ans.  We  never  practice  otherwise,  chusing  the  governor  either 
out  of  the  assistants,  which  is  our  ordinary  course,  or  out  of  ap 
proved  known  gentlemen,  as  this  year,  Mr.  Vane. 

Dem.  9.  That  for  the  present,  the  Right  Honorable  the  Lord 
Viscount  Say  and  Seale,  the  Lord  Brooke,  who  have  already 
been  at  great  disbursements  for  the  public  works  in  New-Eng 
land,  and  such  other  gentlemen  of  approved  sincerity  and 
worth,  as  they,  before  their  personal  remove,  shall  take  into 
their  number,  should  be  admitted  for  them  and  their  heirs, 
gentlemen  of  the  country.  But  for  the  future,  none  shall  be 
admitted  into  this  rank  but  by  the  consent  of  both  houses. 

Ans.  The  great  disbursements  of  these  noble  personages  and 


POLITICAL  CONDITIONS  IN  NEW  ENGLAND     203 

worthy  gentlemen  we  thankfully  acknowledge,  because  the  safety 
and  presence  of  our  brethren  at  Connecticut  is  no  small  blessing 
and  comfort  to  us.  But,  though  that  charge  had  never  been 
disbursed,  the  worth  of  the  honorable  persons  named  is  so  well 
known  to  all,  and  our  need  of  such  supports  and  guides  is  so 
sensible  to  ourselves,  that  we  do  not  doubt  the  country  would 
thankfully  accept  it,  as  a  singular  favor  from  God  and  from 
them,  if  he  should  bow  their  hearts  to  come  into  this  wilderness 
and  help  us.  As  for  accepting  them  and  their  heirs  into  the 
number  of  gentlemen  of  the  country,  the  custom,  of  this  country 
is,  and  readily  would  be,  to  receive  and  acknowledge,  not  only 
all  such  eminent  persons  as  themselves  and  the  gentleman  they 
speake  of,  but  others  of  meaner  estate,  so  be  it  is  of  some  em- 
inency,  to  be  for  them  and  their  heirs,  gentlemen  of  the  country. 
Only,  thus  standeth  our  case.  Though  we  receive  them  with 
honor  and  allow  them  pre-eminence  and  accomodations  accord 
ing  to  their  condition,  yet  we  do  not,  ordinarily,  call  them  forth 
to  the  power  of  election,  or  administration  of  magistracy,  until 
they  be  received  as  members  into  some  of  our  churches,  a  priv- 
elege,  which  we  doubt  not  religious  gentlemen  will  willingly 
desire  (as  David  did  in  Psal.  xxvii.  4)  and  Christian  churches 
will  as  readily  impart  to  such  desirable  persons.  Hereditary 
honors  both  nature  and  scripture  doth  acknowledge  (Eccles.  x. 
17.)  but  hereditary  authority  and  power  standeth  only  by  the 
civil  laws  of  some  commonwealths,  and  yet  even  amongst  them, 
the  authority  and  power  of  the  father  is  nowhere  communicated, 
together  with  his  honors,  unto  all  his  posterity.  Where  God 
blesseth  any  branch  of  any  noble  or  generous  family,  with  a 
spirit  and  gifts  fit  for  government,  it  would  be  a  taking  of 
God's  name  in  vain  to  put  such  a  talent  under  a  bushel,  and  a 
sin  against  the  honor  of  magistracy  to  neglect  such  in  our 
public  elections.  But  if  God  should  not  delight  to  furnish 
some  of  their  posterity  with  gifts  fit  for  magistracy,  we  would 
expose  them  rather  to  reproach  and  prejudice,  and  the  common 
wealth  with  them,  than  exalt  them  to  honor,  if  we  should  call 
them  forth,  when  God  doth  not,  to  public  authority.  .  .  . 


204  DEVELOPMENT   OF  DEMOCRACY 

[In  Cotton's  personal  letter  to  Lord  Say  and  Sele  and  Lord  Brooke 
(Hutchinson's  Massachusetts  Bay  (1765),  App.  Ill),  a  fuller  statement  as 
to  some  features  of  Massachusetts  practice  and  theory  is  given.  The 
English  lords  evidently  objected  to  the  restriction  of  citizenship  to  church 
members.  They  wanted  less  of  theocracy  and  more  of  aristocracy.  Cot 
ton  defends  the  middle  course  of  the  colony  as  follows : 

.  .  .  "  Your  Lordships  advertisement  touching  the  civill  state  of  this 
colony,  as  they  doe  breath  forth  your  singular  wisdome,  and  faithfulness, 
and  tender  care  of  the  peace,  so  wee  have  noe  reason  to  misinterprite, 
or  undervalue  your  Lordships  eyther  directions  or  intentions  therein. 
I  know  noe  man  under  heaven  (I  speake  in  Gods  feare  without  flattery) 
whose  counsell  I  should  rather  depend  upon,  for  the  wise  administration 
of  a  civill  state  according  to  God,  than  upon  your  Lordship,  and  such 
confidence  have  I  (not  in  you)  but  in  the  Lords  presence  in  Christ  with 
you,  that  I  should  never  feare  to  betrust  a  greater  commonwealth  than  this 
(as  much  as  in  us  lyeth)  under  such  a  perpetua  dictatura  as  your  Lordship 
should  prescribe.  For  I  nothing  doubt,  but  that  eyther  your  Lordship 
would  prescibe  all  things  according  to  the  rule,  or  be  willing  to  examine 
againe,  and  againe,  all  things  according  to  it.  ...  It  is  very  suitable  to 
Gods  all-sufficient  wisdome,  and  to  the  fulnes  and  perfection  of  Holy  Scrip 
tures,  not  only  to  prescribe  perfect  rules  for  the  right  ordering  of  a  private 
mans  soule  to  everlasting  blessednes  with  himselfe,  but  also  for  the  right 
ordering  of  a  mans  family,  yea,  of  the  commonwealth  too,  so  farre  as  both 
of  them  are  subordinate  to  spiritual  ends,  and  yet  avoicle  both  the  churches 
usurpation  upon  civill  jurisdictions  .  .  .  and  the  commonwealths  inva 
sion  upon  ecclesiasticall  administrations  .  .  .  Gods  institutions  (such  as 
the  government  of  church  and  of  commonwealth  may  be)  may  be  close 
and  compact,  and  coordinate  one  with  another,  and  yet  not  confounded. 
God  hath  so  framed  the  state  of  church  government  and  ordinances,  that 
they  may  be  compatible  to  any  common-wealth,  though  never  so  much 
disordered  in  his  frame.  But  yet  when  a  commonwealth  hath  liberty  to 
mould  his  owne  frame  ...  I  concey ve  the  scripture  hath  given  full  direc 
tion  for  the  right  ordering  of  the  same.  .  .  .  Mr.  Hooker  doth  often  quote 
a  saying  out  of  Mr.  Cartwright  (though  I  have  not  read  it  in  him)  that 
noe  man  fashioneth  his  house  to  his  hangings,  but  his  hangings  to  his 
house.  It  is  better  that  the  commonwealth  be  fashioned  to  the  setting 
forth  of  Gods  house,  which  is  his  church:  than  to  accommodate  the 
church  frame  to  the  civill  state.  Democracy,  I  do  not  concey  ve  that  ever 
God  did  ordeyne  as  a  fitt  government  eyther  for  church  or  commonwealth. 
If  the  people  be  governors,  who  shall  be  governed  ?  As  for  monarchy, 
and  aristocracy,  they  are  both  of  them  clearely  approoved,  and  directed  in 
scripture,  yet  so  as  referreth  the  soveraigntie  to  himselfe,  and  setteth  up 


POLITICAL  CONDITIONS  IN  NEW  ENGLAND     205 

Theocracy  in  both,  as  the  best  forme  of  government  in  the  commonwealth 
as  well  as  in  the  church. 

"  The  law,  which  your  I^dship  instanceth  in  [that  none  shall  be  chosen 
to  magistracy  among  us  but  a  church  member]  was  made  and  enacted 
before  I  came  into  the  country;  but  I  have  hitherto  wanted  sufficient 
light  to  plead  against  it.  ...  Your  Lordship's  feare  that  this  will  bring 
in  papal  excommunication,  is  just,  and  pious :  but  let  your  Lordship  be 
pleased  againe  to  consider  whether  the  consequence  be  necessary.  .  .  . 

"  When  your  Lordship  doubteth  that  this  corse  will  draw  all  things 
under  the  determination  of  the  church  .  .  .  (seeing  the  church  is  to  de 
termine  who  shall  be  members,  and  none  but  a  member  may  have  to  doe 
in  the  government  of  a  commonwealth)  be  pleased  (I  pray  you)  to  con- 
ceyve,  that  magistrates  are  neyther  chosen  to  office  in  the  church.  .  .  . 
Nor  neede  your  Lordship  feare  (which  yet  I  speake  with  submission  to 
your  Lordships  better  judgment)  that  this  corse  will  lay  such  a  founda 
tion,  as  nothing  but  a  mere  democracy  can  be  built  upon  it.  Bodine  con- 
fesseth,  that  though  it  be  status  popularis,  where  a  people  choose  their 
owne  governors,  yet  the  government  is  not  a  democracy,  if  it  be  admin 
istered,  not  by  the  people,  but  by  the  governors,  whether  one  (for  then 
it  is  a  monarchy,  though  elective)  or  by  many,  for  then  (as  you  know) 
it  is  aristocracy.  .  .  .  Mean  while  two  of  the  principall  of  [the  require 
ments  of  the  Lords],  the  generall  cort  hath  already  condescended  unto. 
1.  In  establishing  a  standing  councell,  who,  during  their  lives,  'should 
assist  the  governor  in  managing  the  chiefest  affayres  of  this  little  state. 
They  have  chosen,  for  the  present,  onely  two  (Mr.  Wiuthrope  and  Mr. 
Dudley)  nor  willing  to  choose  more,  till  they  see  what  further  better 
choyse  the  Lord  will  send  over  to  them,  that  so  they  may  keep  an  open 
doore  for  such  desireable  gentlemen  as  your  Lordship  mentioneth.  2. 
They  have  graunted  the  governor  and  assistants  a  negative  voyce,  and 
reserved  to  the  freemen  the  like  liberty  also."  .  .  .] 

b.  Social  Legislation,  October  14,  1651 
Records  of  Massachusetts  Colony,  IV,  Pt.  I,  pages  60-61. 

.  .  .  "though  we  acknowledge  it  to  be  a  matter  of  much 
difficultie,  in  regard  of  the  blindnes  of  mens  mindes  and  the 
stubbornes  of  their  willes,  to  sett  downe  exact  rules  to  confine 
all  sorts  of  persons,  yett  wee  cannot  but  account  it  our  duty 
...  to  declare  our  utter  detestation  .  .  .  that  men  or  weomen 
of  meane  condition  should  take  uppon  them  the  garbe  of 


206  DEVELOPMENT  OF  DEMOCRACY 

gentlemen,  by  wearing  gold  or  silver  lace  or  buttons,  or  points 
at  their  knees,  or  to  walk  in  great  bootes,  or  weomen  of  the 
same  rancke  to  weare  silke  or  tiffany  Itbodes  or  scarfes,  which 
though  allowable  to  persons  of  greater  estates  or  more  liberall 
education,  yett  we  cannot  but  judge  it  intollerable  in  persons 
of  such  like  condition :  it  is  therefore  ordered  by  this  Courte 
.  .  .  that  no  person  .  .  .  whose  visible  estates  .  .  .  shall  not 
exceed  .  .  .  two  hundred  pounds,  shall  weare  any  gold  or 
silver  lace  [etc.]  uppon  the  penaltie  of  tenn  shillings  for 
every  such  offence,  and  every  such  delinquent  to  be  presented 
by  the  graund  jury,"  [with  long  and  detailed  provisions  for 
enforcement]. 

76.   Some  Relations  with  England,  1638 
a.  Attack  upon  the  Massachusetts  Charter 

Thomas  Hutchinson's  Collection  of  Original  Papers  (1769),  105-106. 

This  is  the  last  of  several  demands  for  the  return  of  the  charter  be 
tween  the  years  1634  and  1638.  Winthrop  refers  to  it  as  "  a  very  strict 
order.1'  For  the  reasons  why  the  colony  "  thought  it  safe  "  to  disregard 
the  order,  and  for  the  earlier  history,  cf.  American  History  and  Govern 
ment,  §  61. 

A  Coppie  of  a  Letter  sent  by  the  appointment  of  the  Lords  of 
the  Council  to  Mr.  Winthrop,  for  the  Patent  of  this  Planta 
tion  to  be  sent  to  them. 

At  Whitehall  April  4th  1638.     Present, 

Lord  Archbishop  of  Canterbury  Earle  of  Holland 

Lord  Keeper  Lord  Cottington 

Lord  Treasurer  Mr.  Treasurer 

Lord  Privy  Seale  Mr.  Contronler 

Earle  Marshall  Mr.  Secretary  Cooke 

Earle  of  Dorset  Mr.  Secretary  Windebank 

This  day  the  Lords  Commissioners  for  foreign  Plantations, 
taking  into  consideration  that  the  petitions  and  complaints  of 
his  Majestys  subjects,  planters  and  traders  in  New-England, 
grow  more  frequent  than  heretofore  for  want  of  a  settled  and 


SOME   RELATIONS  WITH  ENGLAND,    1638        207 

orderly  government  in  those  parts,  and  calling  to  mind  that 
they  had  formerly  given  order  about  two  or  three  years  since 
to  Mr.  Cradock  a  member  of  that  plantation,  to  cause  the 
grant  or  letters  patent  of  that  plantation  (alleadged  by  him  to 
be  there  remaining  in  the  hands  of  Mr.  Winthrop)  to  be  sent 
over  hither,  and  that  notwithstanding  the  same,  the  said 
letters  patent  were  not  as  yet  brought  over :  And  their  Lord 
ships  being  now  informed  by  Mr.  Attorney  General  that  a  Quo 
Warranto  had  been  by  him  brought  according  to  former  order 
against  the  said  patent,  and  the  same  was  proceeded  to  judg 
ment  against  so  many  as  had  appeared,  and  that  they  which 
had  not  appeared,  were  outlawed. 

Their  lordships  well  approving  of  Mr.  Attorney's  care  and 
proceeding  therein  did  now  resolve  and  order,  that  Mr. 
Meawtis,  clerk  of  the  council  attendant  upon  the  said  com 
missioners  for  foreign  plantations,  should  in  a  letter  from 
himselfe  to  Mr.  Winthrop  inclose  and  convey  this  order  unto 
him.  And  their  Lordships  hereby  in  his  Majesty s  name,  and 
according  to  his  express  will  and  pleasure,  strictly  require  and 
enjoine  the  said  Winthrop  or  any  other  in  whose  power  and 
custody  the  said  letters  patent  are,  that  they  fail  not  to 
transmit  the  said  patent  hither -by  the  returne  of  the  ship  in 
which  the  order  is  conveyed  to  them,  it  being  resolved  that  in 
case  of  any  further  neglect  or  contempt  by  them  shewed 
therein,  their  lordships  will  cause  a  strict  course  to  be  taken 
against  them,  and  will  move  his  Majesty  to  reassume  into  his 
hands  the  whole  plantation. 

b.  The  Refusal  of  the  Colony 

Hutchinson's  Massachusetts  Bay  (1765),  App.  V.  See  introductory 
matter  to  a,  above. 

An  Addresse  of  the  General  Court 
To  the  Right  Honourable  the  Lords  Commissioners  for  foreigne 

Plantations  [September  6/16,  IGSS'] 
The  humble  Petition  of  the  Inhabitants  of  the  Massachusets 

in  New  England,   of   the  Generall  Court  there  assembled, 


208  DEVELOPMENT   OF  DEMOCRACY 

the  6th  day  of  September,  in  the  14th  yeare  of  the  Reigne 
of  our  Soveraigne  Lord  King  CHARLES. 

Whereas  it  hath  pleased  your  Lordships,  by  order  of  the 
4th  of  April  last,  to  require  our  patent  to  be  sent  unto  you, 
wee  do  hereby  humbly  and  sincerely  professe,  that*  wee  are 
ready  to  yield  all  due  obedience  to  our  soveraigne  Lord,  the 
King's  majesty,  and  to  your  Lordships  under  him,  and  in  this 
minde  wee  left  our  native  countrie,  and  according  thereunto, 
hath  been  our  practice  ever  since,  so  as  wee  are  much  grieved, 
that  your  Lordships  should  call  in  our  patent,  there  being  no 
cause  knowne  to  us,  nor  any  delinquency  or  fault  of  ours 
expressed  in  the  order  sent  to  us  for  that  purpose,  our  govern 
ment  being  according  to  his  Majesty es  grant,  and  wee  not 
answerable  for  any  defects  in  other  plantations,  etc. 

This  is  what  his  Majesties  subjects  here  doe  believe  and 
professe,  and  thereupon  wee  are  all  humble  suitors  to  your 
Lordships,  that  you  will  be  pleased  to  take  into  further  con 
sideration  our  condition,  and  to  affoord  us  the  liberty  of 
subjects,  that  we  may  know  what  is  layd  to  our  charge ;  and 
have  leaive  and  time  to  answer  for  ourselves  before  we  be 
condemned  as  a  people  unworthy  of  his  Majesties  favour  or 
protection ;  as  for  the  quo  warranto  mentioned  in  the  said 
order,  wee  doe  assure  your  Lordships  wee  were  never  called 
to  answer  to  it,  and  if  wee  had,  wee  doubt  not  but  wee  have 
a  sufficient  plea  to  put  in. 

It  is  not  unknowne  to  your  Lordships,  that  we  came  into 
these  remote  parts  with  his  Majesties  licence  and  encourage 
ment,  under  his  great  seale  of  England,  and  in  the  confidence 
wee  had  of  that  assurance,  wee  have  transported  our  families 
and  estates,  and  here  have  wee  built  and  planted,  to  the  great 
enlargement  and  securing  of  his  Majesties  dominions  in  these 
parts,  so  as  if  our  patent  should  now  be  taken  from  us,  we 
shall  be  looked  011  as  runnigadoes  and  outlawed,  and  shall  be 
enforced,  either  to  remove  to  some  other  place,  or  to  returne 
into  our  native  country  againe ;  either  of  which  will  put  us 


SOME   RELATIONS  WITH   ENGLAND,    1638        209 

to  imsupportable  extremities,  and  these  evils  (among  others) 
will  necessarily  follow:  (1.)  Many  thousand  souls  will  be 
exposed  to  mine,  being  layd  open  to  the  injuries  of  all  men. 
(2.)  If  wee  be  forced  to  desert  this  place,  the  rest  of  the 
plantations  (being  too  weake  to  subsist  alone)  will,  for  the 
most  part,  dissolve  and  goe  with  us,  and  then  will  this  whole 
country  fall  into  the  hands  of  the  French  or  Dutch,  who 
would  speedily  imbrace  such  an  opportunity.  (3.)  If  we 
should  loose  all  our  labour  and  costs,  and  be  deprived  of  those 
liberties  which  his  Majesty  hath  granted  us,  and  nothing 
layd  to  our  charge,  nor  any  fayling  to  be  found  in  us  in  point 
of  allegiance  (which  all  our  countrymen  doe  take  notice  of 
and  will  justify  our  faithfulness  in  this  behalf e)  it  will  dis 
courage  all  men  heereafter  from  the  like,  undertakings  upon 
confidence  of  his  Majesty es  royal  grant.  Lastly,  if  our  patent 
be  taken  from  us  (whereby  ivee  suppose  wee  may  clayme  interest 
in  his  Majesties  favour  and  protection)  the  common  people  here 
will  conseive  that  his  Majesty  hath  cast  them  off,  and  that,  heereby, 
they  are  freed  from  their  allegiance  and  subjection,  and,  thereupon, 
will  be  ready  to  confederate  themselves  under  a  new  government,  for 
their  necessary  safety  and  subsistence,  which  ivill  be  of  dangerous 
example  to  other  plaritationSj  andperillons  to  ourselves  of  incurring 
his  Majesty  es  displeasure,  which  wee  would  by  all  means  avoyd.1 

Upon  these  considerations  wee  are  bold  to  renew  our  humble 
supplications  to  your  Lordships,  that  wee  may  be  suffered  to 
live  here  in  this  wilderness,  and  that  this  poore  plantation, 
which  hath  found  more  favour  from  God  than  many  others, 
may  not  finde  lesse  favour  from  your  Lordships  [so]  that  our 
liberties  should  be  restreyned,  when  others  are  enlarged,  that 
the  doore  should  be  kept  shutt  unto  us,  while  it  stands  open 
to  all  other  plantations,  that  men  of  ability  should  be  debarred 
from  us,  while  they  give  incouragement  to  other  colonies. 

1  Observe  the  plain  threat,  cloaked  in  this  language,  that  the  colony  would 
rebel  rather  than  surrender  its  charter.  The  real  leaders  of  revolt  would 
have  been,  not  "  the  common  people,"  but  Winthrop  and  his  friends,  who 
drew  up  this  paper. 


210  DEVELOPMENT   OF  DEMOCRACY 


77.  Democratic  Discontent,  1639 

(Winthrop's   Denial   of  the   Right  of  Petition  ;  Abolition  of  the  Life 
Council ;  Delay  in  the  Written  Code) 

Winthrop's  History  of  New  England. 

May  22,  1639.  The  court  of  elections  was :  at  which  time 
there  was  a  small  eclipse  of  the  sun.  Mr.  Winthrop  was 
chosen  governour  again,  though  some  laboring  had  been,  by 
some  of  the  elders  and  others,  to  have  changed,  not  out  of  any 
dislike  of  him  (for  they  all  loved  and  esteemed  him),  but  out 
of  their  fear  lest  it  might  make  way  for  having  a  governour  for 
life,  which  some  had  propounded  as  most  agreeable  to  God's 
institution  and  the  practice  of  all  well-ordered  states.  But 
neither  the  governour  nor  any  other  attempted  the  thing;  though 
some  jealousies  arose,  which  were  increased  by  two  occasions. 
The  first  was,  there  being  want  of  assistants,  the  governour 
and  other  magistrates  thought  fit  (in  the  warrant  for  the  court) 
to  propound  three,  amongst  which  Mr.  Downing,  the  govern- 
our's  brother-in-law,  was  one,  which  they  conceived  to  be  done 
to  strengthen  his  party,  and  therefore,  though  he  were  known 
to  be  a  very  able  man,  etc.,  and  one  who  had  done  many  good 
offices  for  the  country  for  these  ten  years,  yet  the  people  would 
not  choose  him.  Another  occasion  of  their  jealousy  was,  the 
court,  finding  the  number  of  deputies  to  be  much  increased  by 
the  addition  of  new  plantations,  thought  fit,  for  the  ease  both 
of  the  country  and  the  court,  to  reduce  all  towns  to  two  depu 
ties.  This  occasioned  some  to  fear,  that  the  magistrates  in 
tended  to  make  themselves  stronger,  and  the  deputies  weaker, 
and  so,  in  time,  to  bring  all  power  into  the  hands  of  the  magis 
trates  ;  so  as  the  people  in  some  towns  were  much  displeased 
with  their  deputies  for  yielding  to  such  an  order.  Whereupon, 
at  the  next  session,  it  was  propounded  to  have  the  number  of 
deputies,  restored ;  and  allegations  were  made,  that  it  was  an 
infringement  of  their  liberty ;  so  as,  after  much  debate,  and 
such  reasons  given  for  diminishing  the  number  of  deputies, 


DEMOCRATIC   DISCONTENT,    1639  211 

and  clearly  proved  that  their  liberty  consisted  not  in  the  num 
ber,  but  in  the  thing,  divers  of  the  deputies,  who  came  with 
intent  to  reverse  the  last  order,  were,  by  force  of  reason, 
brought  to  uphold  it ;  so  that,  when  it  was  put  to  the  vote,  the 
last  order  for  two  deputies  only  was  confirmed.  Yet,  the  next 
day,  a  petition  was  brought  to  the  court  from  the  freemen  of 
Roxbury,  to  have  the  third  deputy  restored.  Whereupon  the 
reasons  of  the  court's  proceedings  were  set  down  in  writing, 
and  all  objections  answered,  and  sent  to  such  towns  as  were 
unsatisfied  with  this  advice,  that,  if  any  could  take  away  those 
reasons,  or  bring  us  better  for  what  they  did  desire,  we  should 
be  ready,  at  the  next  court,  to  repeal  the  said  order. 

The  hands  of  some  of  the  elders  (learned  and  godly  men) 
were  to  this  petition,  though  suddenly  drawn  in,  and  without 
due  consideration.  For  the  lawfulness  of  it  may  well  be  ques 
tioned  :  for  when  the  people  have  chosen  men  to  be  their  rulers, 
and  to  make  their  laws,  and  bound  themselves  by  oath  to  sub 
mit  thereto,  now  to  combine  together  (a  lesser  part  of  them)  in 
a  public  petition  to  have  any  order  repealed,  which  is  not  re 
pugnant  to  the  law  of  God,  savors  of  resisting  an  ordinance  of 
God ;  for  the  people,  having  deputed  others,  have  no  power 
to  make  or  alter  laws,  but  are  to  be  subject ;  and  if  any  such 
order  seem  unlawful  or  inconvenient,  they  were  better  prefer 
some  reasons,  etc.,  to  the  court,  with  manifestation  of  their 
desire  to  move  them  to  a  review,  than  peremptorily  to  petition 
to  have  it  repealed,  which  amounts  to  a  plain  reproof  of  those 
whom  God  hath  set  over  them,  and  putting  dishonor  upon 
them,  against  the  tenor  of  the  fifth  commandment. 

There  fell  out  at  this  court  another  occasion  of  increasing 
the  people's  jealousy  of  their  magistrates,  viz. :  One  of  the 
elders,  being  present  with  those  of  his  church,  when  they 
were  to  prepare  their  votes  for  the  election,  declared  his  judg 
ment,  that  a  govern  our  ought  to  be  for  his  life,  alleging  for  his' 
authority  the  practice  of  all  the  best  commonwealths  in  Europe, 
and  especially  that  of  Israel  by  God's  own  ordinance.  But 
this  was  opposed  by  some  other  of  the  elders  with  much  zeal, 


212  DEVELOPMENT  OF  DEMOCRACY 

and  so  notice  was  taken  of  it  by  the  people,  not  as  a  matter  of 
dispute,  but  as  if  there  had  been  some  plot  to  put  it  in  practice. 

June  9,  1639  .  .  .  The  people  had  long  desired  a  body  of 
laws,  and  thought  their  condition  very  unsafe,  while  so  much 
power  rested  in  the  discretion  of  magistrates.  Divers  attempts 
had  been  made  at  former  courts,  and  the  matter  referred  to  some 
of  the  magistrates  and  some  of  the  elders ;  but  still  it  came  to 
no  effect ;  for,  being  committed  to  the  care  of  many,  whatsoever 
was  done  by  some,  was  still  disliked  or  neglected  by  others. 
...  Two  great  reasons  there  were,  which  caused  most  of  the 
magistrates  and  some  of  the  elders  not  to  be  very  forward  in 
this  matter.  One  was,  want  of  sufficient  experience  of  the 
nature  and  disposition  of  the  people,  considered  with  the  con 
dition  of  the  country  and  other  circumstances,  which  made  them 
conceive,  that  such  laws  would  be  fittest  for  us,  which  should 
arise  pro  re  nata  upon  occasions,  etc.,  and  so  the  laws  of  Eng 
land  and  other  states  grew  (and  therefore  the  fundamental 
laws  of  England  are  called  customs,  consuetudines).  2.  For 
that  it  would  professedly  transgress  the  limits  of  our  charter, 
which  provide,  we  shall  make  no  laws  repugnant  to  the  laws 
of  England,  and  that  we  were  assured  we  must  do.  But  to 
raise  up  laws  by  practice  and  custom  had  been  no  transgression  ; 
as  in  our  church  discipline,  and  in  matters  of  marriage,  to  make 
a  law,  that  marriages  should  not  be  solemnized  by  ministers, 
is  repugnant  to  the  laws  of  England:  but  to  bring  it  to  a  cus 
tom  by  practice  for  the  magistrates  to  perform  it,  is  no  law 
made  repugnant,  etc.  At  length  (to  satisfy  the  people)  it  pro 
ceeded  .  .  .l 

November,  1639.  Some  of  the  freemen,  without  the  consent 
of  the  magistrates  or  governour,  had  chosen  Mr.  Nathaniel  Ward 
to  preach  at  this  court,  pretending  that  it  was  a  part  of  their  lib 
erty.  The  governour  (whose  right  indeed  it  is,  for  till  the  court 
be  assembled  the  freemen  are  but  private  persons)  would  not  strive 
about  it,  for  though  it  did  not  belong  to  them,  yet  if  they  would 

1  For  a  brief  history  of  this  proceeding,  cf.  American  History  and  Govern 
ment,  §  81.  The  code  was  established  in  1(541.  See  No.  78,  below. 


DEMOCRATIC   DISCONTENT,    1639  213 

have  it,  there  was  reason  to  yield  it  to  them.  ...  In  his  sermon 
he  delivered  many  useful  things,  but  in  a  moral  and  political 
discourse,  grounding  his  propositions  much  upon  the  old  Roman 
and  Grecian  governments,  which  sure  is  an  error,  for  if  religion 
and  the  word  of  God  makes  men  wiser  than  their  neighbors, 
and  these  times  have  the  advantage  of  all  that  have  gone  before 
us  in  experience  and  observation,  it  is  probable  that  by  all 
these  helps,  we  may  better  frame  rules  of  government  for  our 
selves  than  to  receive  others  upon  the  bare  authority  of  the 
wisdom,  justice,  etc.  of  those  heathen  commonwealths.  Among 
other  things,  he  advised  the  people  to  keep  all  their  magistrates 
in  an  equal  rank,  and  not  give  more  honor  or  power  to  one  than 
to  another,  which  is  easier  to  advise  than  to  prove,  seeing  it  is 
against  the  practice  of  Israel  (where  some  were  rulers  of  thou 
sands,  and  some  but  of  tens)  and  of  all  nations  known  or  re 
corded.  Another  advice  he  gave,  that  magistrates  should  not 
give  private  advice,  and  take  knowledge  of  any  man's  cause 
before  it  came  to  public  hearing.  This  was  debated  after  in 
the  general  court,  where  some  of  the  deputies  moved  to  have 
it  ordered.  [Successfully  resisted  by  the  magistrates.] 

[Wood's  sermon  shows  that  he  regarded  himself  as  put  forward  to  cham 
pion  democratic  doctrine :  cf.  Cotton's  sermons  for  the  magistrates,  noted 
in  former  entries.  An  entry  of  Winthrop's,  dated  May  10, 1643,  shows  a 
continuance  of  this  democratic  purpose. 

"Our  court  of  elections  was  held,  when  Mr.  Ezekiel  Rogers,  pastor  of 
the  church  in  Rowley,  preached.  He  was  called  to  it  by  a  company  of 
freemen,  whereof  the  most  were  deputies  chosen  for  the  court.  .  .  .  Mr. 
Rogers,  hearing  that  exception  was  taken  to  this  call,  as  unwarrantable, 
wrote  to  the  governour  for  advice,  etc.,  who  returned  him  answer  :  That 
he  did  account  his  calling  not  to  be  sufficient,  yet  the  magistrates  were 
not  minded  to  strive  with  the  deputies  about  it,  but  seeing  it  was  noised 
in  the  country,  and  the  people  would  expect  him,  and  that  he  had  advised 
with  the  magistrates  about  it,  he  wished  him  to  go  on.  In  his  sermon 
he  described  how  the  man  ought  to  be  qualified  whom  they  should  choose 
for  their  governour,  yet  dissuaded  them  earnestly  from  choosing  the 
same  man  twice  together,  and  expressed  his  dislike  of  that  with  such 
vehemency  as  gave  offence.  But  when  it  came  to  trial,  the  former 
governour,  Mr.  Winthrop,  was  chosen  again."] 


214  DEVELOPMENT   OF  DEMOCRACY 

78.  The  Body  of  Liberties,  1641 

Whitmore's  Bibliographical  Sketch  of  the  Laws  of  the  Massachusetts 
Colony  gives  the  text  in  facsimile. 

For  the  history  and  significance,  see  American  History  and  Govern 
ment,  §  81.  Cf.  also  No.  77,  above.  The  starred  numbers  each  contain 
some  important  advance  upon  English  custom  or  law  of  the  day,  and 
italic  type  is  used  to  call  attention  to  provisions  that  especially  justify 
the  name,  Body  of  Liberties. 

A  Coppie  of  the  Liberties  of  the  Massachusets  Collonie  in 
New  England 

The  free  fruition  of  such  liberties,  Immunities,  and  prive- 
ledges,  as  humanitie,  Civilitie,  and  Christianitie  call  for  as 
due  to  every  man  in  his  place  and  proportion,  without  im 
peachment  and  Infringement,  hath  ever  bene  and  ever  will  be 
the  tranquillitie  and  Stabilitie  of  Churches  and  Commonwealths. 
And  the  deniall  or  deprivall  thereof,  the  disturbance  if  not  the 
mine  of  both.  .  .  . 

Wee  doe  therefore  this  day  religiously  and  unanimously 
decree  and  confirme  these  following  Rites,  liberties,  and  prive- 
ledges  concerneing  our  Churches  and  Civill  State,  to  be 
respectively  impartiallie  and  inviolably  enjoyed  and  observed 
throughout  our  Jurisdiction  for  ever. 

1.  No  mans  life  shall  be  taken  awa}r,  no  mans  honour  or 
good  name  shall  be  stayned,  no  mans  person  shall  be  arested, 
restrayned,  banished,  dismembred,  nor  any  wayes  punished, 
no  man  shall  be  deprived  of  his  wife  or  children,  no  mans 
goods  or  estaite  shall  be  taken  away  from  him,  nor  any  way 
indammaged  under  Coulor  of  law,  or  Countenance  of  Authoritie, 
unlesse  it  be  by  vertue  or  equitie  of  some  expresse  law  of  the 
Country  warranting  the  same,  established  by  a  generall  Court 
and  sufficiently  published,  or,  in  case  of  the  defect  of  a  law  in 
any  partecular  case,  by  the  word  of  god.  And  in  Capitall  cases, 
or  in  cases  concerning  dismembring  or  banishment,  according 
to  that  word  to  be  judged  by  the  Generall  Court. 

*  2.   Every  person  within  this  Jurisdiction,  whether  Inhabit- 


THE   BODY   OF    LIBERTIES,    1641  215 

ant  or  forreiner  shall  enjoy  the  same  justice  and  law,  that  is 
generall  for  the  plantation,  which  we  constitute  and  execute 
one  towards  another,  without  partialitie  or  delay. 


5.  No  man  shall  be  compelled  to  any  publique  worke  or 
service  unlesse  the  presse  be  grounded  upon  some  act  of  the 
generall  Court,  and  [he]  have  reasonable  allowance  therefore. 


8.  No  mans  Cattell  or  good  of  what  kinde  soever  shall  be 
pressed  or  taken  for  any  publique  use  or  service,  unlesse  it  be 
by  warrant  grounded  upon  some  act  of  the  generall  Court,  nor 
without  such  reasonable  prices  and  hire  as  the  ordinarie  rates 
of  the  Countrie  do  afford.  .  .  . 

*9.  No  monopolies  shall  be  granted  or  allowed  amongst  us, 
but  of  such  new  Inventions  that  are  profitable  to  the  Countrie, 
and  that  for  a  short  time. 

*  10.  All  our  lands  and  heritages  shall  be  free  from  all  fines 
and  licences  upon  Alienations,  and  from  all  hariotts,  wardships, 
Liveries,  Primerseisens,  yeare  day  and  wast,  Escheates,  and  for 
feitures,  upon  the  deaths  of  parents,  or  Ancestors,  be  they 
naturall,  casuall,  or  Juditiall. 

*11.  All  persons  which  are  of  the  age  of  21  yeares,  and  of 
right  understanding  and  mearaories,  whether  [even  if]  excommu 
nicate  or  condemned  shall  have  full  power  and  libertie  to  make 
there  wills  and  testaments,  and  other  lawfull  alienations  of 
theire  lands  and  estates. 

12.  Every  man  whether  Inhabitant  or  Jforreiner,  free  or  not 
free  shall  have  libertie  to  come  to  any  publique  Court,  Councell  or 
Towne  meeting,  and  either  by  speech  or  ivriteing  to  move  any 
lawfully  seasonable,  and  materiall  question,  or  to  present  any 
necessary  motion,  complaint,  petition,  Bill  or  information,  whereof 
that  meeting  hath  proper  cognizance,  so  it  be  done  in  convenient 
time,  due  order,  and  respective  manner. 


216  DEVELOPMENT  OF  DEMOCRACY 

16.  Every  Inhabitant  that  is  an  howse  holder  shall  have 
free  fishing  and  fowling  in  any  great  ponds  and  Bayes,  Coves 
and  Rivers,  so  farre  as  the  sea  ebbes  and  flowes  within  the 
presincts  of  the  towne  where  they  dwell,  unless  the  free  men 
of  the  same  Towne  or  the  Generall  Court  have  otherwise  ap 
propriated  them,  provided  that  this  shall  not  be  extended  to 
give  leave  to  any  man  to  come  upon  others  proprietie  without 
there  leave. 

*  17.  Every  man  of  or  within  this  Jurisdiction  shall  have  free 
libertie,  not  with  standing  any  Civill  power,  to  remove  both 
himselfe  and  his  familie  at  their  pleasure  out  of  the  same, 
provided  there  be  no  legall  impediment  to  the  contrarie. 

Rites  Rules  and  Liberties  concerning  Juditiall  proceedings 

18.  No  mans  person  shall  be  restrained  or  imprisoned  by  any 
Authority  what  so  ever,  before  the  law  hath  sentenced  him  thereto, 
if  he  can  put  in  sufficient  securitie,  bayle,  or  main  prise,  for 
his  appearance,  and  good  behaviour  in  the  meane  time,  unlesse 
it  be  in  Crimes  Capitall,  and  Contempts  in  open  Court,  and  in 
such  cases  where  some  expresse  act  of  Court  doth  allow  it. 

19.  If  in'a  generall  Court  any  miscariage  shall  be  amongst  the 
Assistants  when  they  are  by  themselves  that  may  deserve  an 
Admonition  or  fine  under  20  sh,  it  shall  be  examined  and  sen 
tenced   amongst   themselves,  If   amongst  the  Deputies  when 
they  are  by  themselves,  It  shall  be  examined  and  sentenced 
amongst  themselves,  If  it  be  when  the  whole  Court  is  togeather, 
it  shall  be  judged  by  the  whole  Court,  and  not  severallie  as 
before.1 

******* 

*25.  No  Summons  pleading  Judgement,  or  any  kinde  of  proceeding  in 
Court  or  course  of  Justice  shall  be  abated,  arested,  or  reversed,  upon  any 
kinde  of  cercumstantiali  errors  or  mistakes,  if  the  person  and  cause  be 
rightly  understood  and  intended  by  the  Court. 

******* 


1  This  law  shows  that  in  1641  the  two  orders  of  the  Assembly  had  come  to 
sit  by  themselves  frequently.     For  the  final  separation,  see  No.  80. 


THE   BODY  OF  LIBERTIES,    1641  217 

29.  In  all  Actions  at  law  it  shall  be  the  libertie  of  the  plan- 
tife  and  defendant  by  mutual  consent  to  choose  whether  they 
will  be  tryed  by  the  Bench  or  by  a  June,  unlesse  it  be  where 
the  law  upon  just  reason   hath    otherwise   determined.     The 
like  libertie  shall  be  granted  to  all  persons  in  Criminall  cases. 

30.  It  shall  be  in  the  libertie  both  of  plantife  and  defendant, 
and  likewise  every  delinquent  (to  be  judged  by  a  Jurie)  to  chal 
lenge  any  of  the  Jurors.     And  if  his  challenge  be  found  just 
and  reasonable  by  the  Bench,1  or  the  rest  of  the  Jurie,  as  the 
challenger  shall  choose,  it  shall  be  allowed  him.  .  .  . 

34.  If  any  man  shall  be  proved  and  Judged  a  commen  Bar 
rator  vexing  others  with  unjust  frequent  and  endlesse  suites, 
It  shall  be  in  the  power  of  Courts  both  to  denie  him  the  benefit 
of  the  law,  and  to  punish  him  for  his  Barratry. 


36.  It  shall  be  in  the  libertie  of  every  man  .  .  .  sentenced  in  any 
cause  in  any  Inferior  Court,  to  make  their  Appeale  to  the  Court  of  Assist 
ants,  provided  they  tender  their  appeale  and  put  in  securitie  to  prosecute 
it  before  the  Court  be  ended  wherein  they  were  condemned,  and  within 
six  dayes  next  ensuing  put  in  good  securitie  before  some  Assistant  to  sat- 
isfie  what  his  Adversarie  shall  recover  against  him  ;  And  if  the  cause  be 
of  a  Criminall  nature,  for  his  good  behaviour  and  appearance.  And 
everie  man  shall  have  libertie  to  complaine  to  the  Generall  Court  of  any 
Injustice  done  him  in  any  Court  of  Assistants  or  other. 


40.  Xo  Conveyance,  Deede,  or  promise  what  so  ever  shall  be 
of  validitie,  If  it  be  gotten  by  Illegal  violence,  imprisonment, 
threatenings,  or  any  kinde  of  forcible  compulsion  called  Dares. 

41.  Everie  man  that  is  to  Answere  for  any  Criminall  cause, 
whether  he  be  in  prison  or  under  bayle,  his  cause  shall  be  heard 
and  determined  at  the  next  Court  that  hath  proper  Cognizance 
thereof,  And  [i.e.,  if  it]  may  be  done  without  prejudice  of  Jus 
tice. 

1  The  "peremptory  challenge"  of  the  Plymouth  Code  does  not  appear  here. 


218  DEVELOPMENT  OF  DEMOCRACY 

42.  No  man  shall  be  twise  sentenced  by  Civill  Justice  for 
one  and  the  same  Crime,  offence,  or  Trespasse. 

43.  No  man  shall  be  beaten  with  above  40  stripes,  nor  shall 
any  true  gentleman,  nor  any  man  equall  to  a  gentleman  be  pun 
ished  with  whipping,1  unles  his  crime  be  very  shamefull,  and 
his  course  of  life  vitious  and  profligate. 

*44.  No  man  condemned  to  dye  shall  be  put  to  death  within 
fower  dayes  next  after  his  condemnation,  unles  the  Court  see 
spetiall  cause  to  the  contrary,  or  in  case  of  martiall  law ;  nor 
shall  the  body  of  any  man  so  put  to  death  be  unburied  12 
ho  \vers,  unlesse  it  be  in  case  of  Anatomic. 

45.  No  man  shall  be  forced  by  Torture  to  confesse  any  Crime 
against  himself e  nor  any  other  unlesse  it  be  in  some  Capitall 
case  where  he  is  first  f ullie  convicted  by  cleare  and  sumtient  evi 
dence  to  be  guilty,  After  which,  if  the  cause  be  of  that  nature 
That  it  is  very  apparent  there  be  other  conspiratours,  or  con 
federates  with  him,  Then  he  may  be  tortured,  yet  not  with  such 
Tortures  as  be  Barbarous  and  inhumane. 

46.  For  bodilie  punishments  we  allow  amongst  us  none  that 
are  inhumane,  Barbarous,  or  cruell.2 

47.  No  man  shall  be  put  to  death  without  the  testimony  of 
two  or  three  witnesses,  or  that  which  is  equivalent  there  unto. 

49.  No  free  man  shall  be  compelled  to  serve  upon  Juries  above 
two  Courts  in  a  yeare,  except  grand  Jurie  men,  who  shall  hould 
two  Courts  together  at  the  least. 

*  50.  All  Jurors  shall  be  chosen  continuallie  by  the  freemen  of 
the  Towne  where  they  dwell. 


54.  When  so  ever  anything  is  to  be  put  to  vote,  any  sentence 
to  be  pronounced,  or  any  other  matter  to  be  proposed,  or  read 

iCf.  No.  05  (8). 

2  These  terms  are  relative.  Winthrop  describes,  after  this  date,  the  cruel 
flogging  of  a  woman  fora  matter  of  opinion,  and  says  that  she  had  her  tongue 
put  in  "  a  cleft  stick  "  for  half  an  hour,  for  "  abusing  "  the  magistrates  who 
punished  her. 


THE  BODY  OF  LIBERTIES,   1641  219 

in  any  Court  or  Assembly,  If  the  president  or  moderator  thereof 
shall  refuse  to  perform e  it,  the  Major  parte  of  the  members  of 
that  Court  or  Assembly  shall  have  power  to  appoint  any  other 
meete  man  of  them  to  do  it,  And,  if  there  be  just  cause,  to  punish 
him  that  should  and  would  not.1 


57.  When  so  ever  any  person  shall  come  to  any  very  suddaine 
untimely  and  unnaturall   death,  Some  Assistant,  or  the  Con 
stables  of  that  Towne  shall  forthwith  summon  a  Jury  of  twelve 
free  men  to  inquire  of  the  cause  and  manner  of  their-  death,  and 
shall  present  a  true  verdict  thereof  to  some  neere  Assistant,  or 
the  next  Court  to  be  helde  for  that  Towne  upon  their  oath.2 

Liberties  more  peculiarlie  concerning  the  free  men 

58.  Civill  Authorie  hath  power  and  libertie  to  see  the  peace, 
ordinances  and  Rules  of  Christ  observed  in  every  church  ac 
cording  to  his  word,  so  it  be  done  in  a  Civill  and  not  in  an  Ec 
clesiastical  way. 


60.  No  church  censure  shall  degrade  or  depose  any  man 
from  any  Civill  dignitie,  office,  or  Authoritie  he  shall  have  in 
the  Commonwealth. 


62.  Any  Shire  or  Towne  shall  have  libertie  to  choose  their 
Deputies  whom  and  where  they  please  for  the  General  Court, 
So  be  it  they  be  free  men,  and  have  taken  there  oath  of  fealtie, 
and  [be]  Inhabiting  in  this  Jurisdiction. 

******* 

66.  The  Freeman  of  everie  Township  shall  have  power 
to  make  such  by  laws  and  constitutions  as  may  concerne  the 

1This  is  a  protest  against  the  occasional  arbitrary  action  of  the  Massachu 
setts  governor  in  past  years.  Both  Winthrop  and  Vane  had  been  guilty  of  re 
fusing  to  put  motions  to  the  General  Court. 

2  The  coroner's  jury  had  existed  by  custom  in  the  colony  from  the  first. 


220  DEVELOPMENT   OF  DEMOCRACY 

wellfare  of  their  Towne,  provided  they  be  not  of  a  Criminall, 
but  onely  of  a  prudentiall  nature,  And  that  their  penalties 
exceede  not  20  sh.  for  one  offence.  And  that  they  be  not  re 
pugnant  to  the  publique  laws  and  orders  of  the  Countrie. 
And  if  any  Inhabitant  shall  neglect  or  refuse  to  observe  them, 
they  shall  have  power  to  levy  the  appointed  penalties  by 
distresse.1 


68.  It  is  the  libertie  of  the  freemen  to  choose  such  deputies 
for  the  Geilerall  Court  out  of  themselves,  either  in  their  owne 
Townes  or  elsewhere  as  they  judge  litest.     And  because  we 
cannot  forsee  what  varietie  and  weight  of  occasions  may  fall 
into  future  consideration,  and  what  counsells  we  may  stand 
in  neede   of,    we   decree :    That   the  Deputies  (to   attende  the 
Generall  Court  in  the  behalfe  of  the   Countrie)  shall  not  any 
time  be  stated  or  inacted,  but  from  Court  to  Court,  or  at  the  most 
but  for  one  yeare,  —  that  the  Countrie  may    have  an  Annuall 
libertie  to  do  in  that  case  what  is  most  behoofefull  for  the 
best  welfaire  thereof. 

69.  No  Generall  Court  shall  be  desolved  or  adjourned  without  the 
consent  of  the  Major  parte  thereof? 

70.  All  Freemen  called  to  give  any  advise,  vote,  verdict,  or 
sentence  in  any  Court,  Counsell,  or  Civill  Assembly,  shall  have 
full  freedome  to  doe  it  according  to  their   true   Judgements 
and  Consciences,  So  it  be  done  orderly  and  inofensively  for 
the  manner. 


74.  The  freemen  of  every  Towne  or  Towneship,  shall  have 
full  power  to  choose  yearly  or  for  lesse  time  out  of  themselves 
a  convenient  number  of  fitt  men  to  order  the  planting  or 
prudentiall  occasions  of  that  Towne,  according  to  Instructions 

*This  recognized  existing  local  practice.    Cf.  No.  66. 

2  This  democratic  advance  had  been  taken  two  years  earlier  in  Connecticut. 
Cf.  No.  93. 


THE   BODY  OF  LIBERTIES,    1641  221 

given  them  in  writeing,  Provided  nothing  be  done  by  them 
contrary  to  the  publique  laws  and  orders  of  the  Countrie, 
provided  also  the  number  of  such  select  persons  be  not  above 
nine.1 

Liberties  of  Woemen 

*79.  If  any  man  at  his  death  shall  not  leave  his  wife  a 
competent  portion  of  his  estaite,  upon  just  complaint  made 
to  the  Generall  Court,  she  shall  be  relieved. 

*80.  Everie  marryed  woeman  shall  be  free  from  bodilie 
correction  or  stripes  by  her  husband,  unlesse  it  be  in  his  owne 
defence  upon  her  assalt.  If  there  be  any  just  cause  of  correc 
tion  complaint  shall  be  made  to  Authoritie  assembled  in  some 
Court,  from  which  onely  she  shall  receive  it. 

Liberties  of  Children 

81.  When  parents  dye  intestate,  the  Elder  sonne  shall  have 
a  doble  portion  of  his  whole  estate  reall  and  personal  1,  unlesse 
the  Generall  Court  upon   just   cause   alleadged    shall   Judge 
otherwise. 

82.  When  parents  dye  intestate,  having  noe   heires  males 
of  their  bodies,  their  Daughters  shall  inherit  as  Copartners, 
unles  the  Generall  Court  upon  just  reason  shall  judge  other 
wise. 

83.  If  any  parents  shall  wilfullie   and  unreasonably  deny 
any  childe  timely  or  convenient  mariage,  or  shall  exercise  any 
unnaturall  severitie  towards  them,  Such  children  shall  have 
free  libertie  to  complain  to  Authoritie  for  redresse. 

84.  No  Orphan  dureing  their  minoritie  which  was  not  com 
mitted  to  tuition  or  service  by  the  parents  in  their  life  time, 
shall  afterwards  be  absolutely  disposed  of   by   any  kindred, 
friend,  Executor,  Towneship,  or  Church,  nor  by  themselves, 
without  the  consent  of  some  Court,  wherein  two   Assistants 
at  least  shall  be  present. 


1  Actual  practice  disregarded  this  limitation  to  nine,  and  also  the  attempt 
to  restrict  the  "select  men"  and  the  voters  to  "freemen."  74  should  have 
followed  66. 


222  DEVELOPMENT  OF  DEMOCRACY 

Liberties  of  Servants 


87.  If  any  man  smite  out  the  eye  or  tooth  of  his  man  servant, 
or  maid  servant,  or  otherwise  mayme  or  much  disfigure  him, 
imlesse  it  be  by  meere  casualtie,  he  shall  let  them  goe  free  from 
his  service.1     And  shall  have  such  further  recompense  as  the 
Court  shall  allow  him. 

88.  Servants  that  have  served  deligentlie  and  faithfully  to 
the  benefitt  of  their  maisters  seaven  yeares,  shall  not  be  sent 
away  emptie.     And  if  any  have  bene  unfaithfull,  negligent  or 
unprofitable  in  their  service,  notwithstanding  the  good  usage 
of  their  maisters,  they  shall  not  be  dismissed  till  they  have 
made  satisfaction  according  to  the  Judgement  of  Authoritie. 

Liberties  of  Forreiners  and  Strangers 

******* 

91.  There  shall  never  be  any  bond  slaverie  villinage  or  Cap- 
tivitie  amongst  us,2  unles  it  be  lawfull  Captives  taken  in  just 
warres,  and  such  strangers  as  willingly  selle  themselves  or  are 
sold  to  us.     And  these  shall  have  all  the  liberties  and  Christian 
usages  which  the  law  of  god  established  in  Israeli  concerning 
such  persons  doeth  morally  require.     This  exempts  none  from 
servitude  who  shall  be  Judged  thereto  by  Authoritie. 

Off  [of]  the  Bruite  Creature 

92.  No  man  shall  exercise  any  Tirranny  or  Crueltie  towards 
any  bruite  Creature  which  are  usuallie  kept  for  mans  use. 

*  93.  If  any  man  shall  have  occasion  to  leade  or  drive  Cattel 
from  place  to  place  that  is  far  of,  So  that  they  be  weary,  or 
hungry,  or  fall  sick,  or  lambe,  It  shall  be  lawful  to  rest  or 
refresh  them,  for  a  competent  time,  in  any  open  place  that  is 
not  Corne,  meadow,  or  inclosed  for  some  peculiar  use. 

1  This  with  the  first  half  of  the  next  law  is  based  upon  the  Jewish  law. 

2  This  noble  provision  soon  became  a  dead  letter. 


THE   BODY  OF   LIBERTIES,   1641 


223 


Dut.  13.  6.  10 
Dut.  17.  2.  6 
Ex.  22.  20 


94.    Capitall  Laws 
1 

If  any  man  after  legall  conviction  shall  have 
or  worship  any  other  god,  but  the  lord  god,  he 
shall  be  put  to  death. 


Ex  22  i«  ^   any  man  or  w°eman  be   a  witch,  (that  is 

Lev.  20.  27.       hath  or  consulteth  with  a  familiar  spirit,)  They 
Dut.  18.  10.       shall  be  put  to  death. 


If  any  person  shall   Blaspheme  the  name  of 

god,  the  father,  Sonne  or  Holie  ghost,  with  di- 

Lev.  24.  15.  16  rect,    expresse,    presumptuous    or   high    handed 

blashemie,  or  shall  curse  god  in  the  like  manner, 

he  shall  be  put  to  death. 


If    any   person   cornitt   any   wilfull    murther, 

Ex.  21.  12.         which  is  manslaughter,  comitted  upon  preuiedi- 

Numb.  35.  13.    tated  mallice,  hatred,  or  Crueltie,  not  in  a  mans 

14.  30.  31.       necessarie  and  just  defence,  nor  by  meere  casu- 

altie  against  his  will,  he  shall  be  put  to  death. 


Numb.  25.  20.        If  any  person  slayeth  an  other  suddainely,  in 
21.  his  anger  or  Crueltie  of  passion,  he  shall  be  put 

Lev.  24.  17.       to  death. 

6 


Ex.  21.  14. 


If  any  person  shall  slay  an  other  through  guile, 
either  by  poysoning  or  other  such  divelish  prac 
tice,  he  shall  be  put  to  death. 


224  DEVELOPMENT  OF  DEMOCRACY 

10 
If  any  man  stealeth  a  man  or  mankinds,  he 

"Fir    21     Ifi 

shall  surely  be  put  to  death. 
11 


Dut  19   16          "  man  r*SG  UP  kv  ^Se  w^tnes'  wittingly 

18  j'9         and  of  purpose  to  take  away  any  man's  life,  he 
shall  be  put  to  death. 

12 

If  any  man  shall  conspire  and  attempt  any  invasion,  insur 
rection,  or  publique  rebellion  against  our  commonwealth,  or 
shall  indeavour  to  surprize  any  Towne  or  Townes,  fort  or  forts 
therein,  or  shall  treacherously  and  perfediouslie  attempt  the 
alteration  and  subversion  of  our  frame  of  politic  or  Government 
fundamentallie,  he  shall  be  put  to  death. 

95.   A  declaration  of  the  Liberties  the  Lord  Jesus  hath  given 
to  the  Churches 

1.  All  the  people  of  god  within  this  Jurisdiction  who  are  not  in  a  church 
way,  and  be  orthodox  in  Judgement,  and  not  scandalous  in  life,  shall  have 
full  libertie  to  gather  themselves  into  a  Church  Estaite.     Provided  they 
doe  it  in  a  Christian  way,  with  due  observation  of  the  rules  of  Christ  re 
vealed  in  his  word. 

2.  Every  Church  hath  full  libertie  to  exercise  all  the  ordinances  of  god, 
according  to  the  rules  of  Scripture. 

3.  Every  Church  hath  free  libertie  of  Election  and  ordination  of  all 
their  officers  from  time  to  time,  provided  they  be  able,  pious  and  orthodox. 

4.  Every  Church  hath  free  libertie  of  Admission,  Recommendation, 
Dismission,  and  Expulsion,  or  deposall  of  their  officers,  and  members, 
upon  due  cause,  with  free  exercise  of  the  Discipline  and  Censure  of  Christ 
according  to  the  rules  of  his  word. 

10.  Wee  allowe  private  meetings  for  edification  in  religion  amongst 
Christians  of  all  sortes  of  people.  So  it  be  without  just  offence  both  for 
number,  time,  place,  and  other  cercumstances. 

******* 

98.  Lastly  because  our  dutie  and  desire  is  to  do  nothing  suddainlie 
which  fundamentally  concerne  us,  we  decree  that  these  rites  and  liberties, 


A  PURITAN  VIEW  OF  TRADE  225 

shall  be  Audably  read  and  deliberately  weighed  at  every  Generall  Court 
that  shall  be  held,  within  three  yeares  next  insueing,  And  such  of  them 
as  shall  not  be  altered  or  repealed  they  shall  stand  so  ratified,  That  no 
man  shall  infringe  them  without  due  punishment. 

And  if  any  Generall  Court  within  these  next  thre  yeares  shall  faile  or 
forget  to  reade  and  consider  them  as  abovesaid.  The  Governor  and 
Deputie  Governor  for  the  time  being,  and  every  Assistant  present  at  such 
Courts  shall  forfeite  20  sh.  a  man,  and  everie  Deputie  10  sh.  a  man  for 
each  neglect,  which  shall  be  paid  out  of  their  proper  estate,  and  not  by 
the  Country  or  the  Townes  which  choose  them.  And  when  so  ever  there 
shall  arise  any  question  in  any  Court  amonge  the  Assistants  and  Associ 
ates  thereof  about  the  explanation  of  these  Rites  and  liberties,  The 
Generall  Court  onely  shall  have  power  to  interprett  them. 

79.   A  Puritan  View  of  Trade 

Winthrop's  History  of  Xew  England. 

November,  1G39.  At  a  general  court  holden  at  Boston,  a 
great  complaint  was  made  of  the  oppression  used  in  the  country 
in  sale  of  foreign  commodities;  and  Mr.  Robert  Keaine,  who 
kept  a  shop  in  Boston,  was  notoriously  above  others  observed 
and  complained  of ;  and,  being  con  vented,  he  was  charged  with 
many  particulars ;  in  some,  for  taking  above  sixpence  in  the 
shilling  profit;  in  some,  eight  pence;  and,  in  some  small 
things,  above  two  for  one ;  and  being  hereof  convict,  (as  ap 
pears  by  the  records,)  he  was  fined  £  200,  which  came  thus  to 
pass :  The  deputies  considered,  apart,  of  his  fine,  and  set  it  at 
£  200 ;  the  magistrates  agreed  but  to  £  100.  So,  the  court 
being  divided,  at  length  it  was  agreed,  that  his  fine  should  be 
£  200,  but  he  should  pay  but  £  100,  and  the  other  should  be 
respited  to  the  further  consideration  of  the  next  general  court. 
By  this  means  the  magistrates  and  deputies  were  brought  to 
an  accord,  which  otherwise  had  not  been  likely,  and  so  much 
trouble  might  have  grown,  and  the  offender  escaped  censure. 
For  the  cry  of  the  country  was  so  great  against  oppression, 

And  sure  the  course  was  very  evil,  especial  circumstances 
considered :  1.  He  being  an  ancient  professor  of  the  gospel : 


226  DEVELOPMENT   OF  DEMOCRACY 

2.  A  man  of  eminent  parts  ...  4.  Having  come  over  for 
consciences  sake  .  .  . 

These  things  gave  occasion  to  Mr.  Cotton,  in  his  public 
exercise  the  next  lecture  day,  to  lay  open  the  error  of  ... 
false  principles,  and  to  give  some  rules  of  direction  in  the 
case. 

Some  false  principles  were  these :  — 

1.  That  a  man  might  sell  as  dear  as  he  can,  and  buy  as 
cheap  as  he  can. 

2.  If  a  man  lose  by  casualty  of  sea,  etc.,  in  some  of  his 
commodities,  he  may  raise  the  price  of  the  rest. 

3.  That  he  may  sell  as  he  bought,  though  he  paid  too  dear, 
etc.,  and  though  the  commodity  be  fallen,  etc. 

4.  That,  as  a  man  may  take  the  advantage  of  his  own  skill 
or  ability,  so  he  may  of  another's  ignorance  or  necessity. 

5.  Where  one  gives  time  for  payment,  he  is  to  take   like 
recompense  of  one  as  of  another. 

The  rules  for  trading  were  these :  — 

1.  A  man  may  not  sell  above  the  current  price,  i.  e.,  such  a 
price  as  is  usual  in  the  time  and  place,  and  as  another  (who 
knows  the  worth  of  the  commodity)  would  give  for  it,  if  he 
had  occasion  to  use  it  ... 

2.  When  a  man  loseth  in  his  commodity  for  want  of  skill, 
...  he  must  look  at  it  as  his  own  fault  or  cross,  and  therefore 
must  not  lay  it  upon  another. 

3.  Where  a  man  loseth  by  casualty  of  sea,  ...  it  is  a  loss 
cast  upon  himself  by  providence,  and  he  may  not  ease  himself 
of  it  by  casting  it  upon  another ;  for  so  a  man  should  seem  to 
provide  against  all  providences,  that  he  should  never  lose  ;  but 
where  there  is  a  scarcity  of  the  commodity,  there  men  may 
raise  their  price ;  for  now  it  is  a  hand  of  God  upon  the  com 
modity,  and  not  the  person. 

80.  The  Separation  of  the  Legislature  into  Two  Houses 

Winthrop's  History  of  New  England.  Cf.  American  History  and 
Government,  §§  69,  70. 


FIRST   TWO-HOUSE   LEGISLATURE  227 

June  4,  1642.  ...  At  the  same  general  court  there  fell  out 
a  great  business  upon  a  very  small  occasion.  Anno  1636,  there 
was  a  stray  sow  in  Boston,  which  was  brought  to  Captain 
Keayne:  he  had  it  cried  divers  times,  and  divers  came  to  see 
it,  but  none  made  claim  to  it  for  near  a  year.  He  kept  it  in 
his  yard  with  a  sow  of  his  own.  Afterwards  one  Sherman's 
wife,  having  lost  such  a  sow,  laid  claim  to  it,  but  came  not  to 
see  it,  till  Captain  Keayne  had  killed  his  own  sow.  After 
being  showed  the  stray  sow,  and  finding  it  to  have  other 
marks  than  she  had  claimed  her  sow  by,  she  gave  out  that  he 
had  killed  her  sow.  The  noise  hereof  being  spread  about  the 
town,  the  matter  was  brought  before  the  elders  of  the  church 
as  a  case  of  offence ;  many  witnesses  were  examined,  and  Cap 
tain  Keayne  was  cleared.  [The  case  was  then  brought  before 
the  county  court],  — when,  upon  a  full  hearing,  Capt.  Keayne 
was  again  cleared,  and  the  jury  gave  him  £  3  for  his  costs. 
[Keayne  then  recovers  £  20  damages  for  slander.]  Story 
[friend  of  "  Sherman's  wife  " *],  upon  this,  searcheth  town  and 
country  to  find  matter  against  Captain  Keayne  .  .  .  and  got 
one  of  his  witnesses  to  come  into  Salem  court  and  to  confess 
there  that  he  had  foresworn  himself  [in  the  former  trial]  ;  and 
upon  this  he  petitions  in  Sherman's  name  to  this  general  court 
to  have  the  cause  heard  again ;  which  was  granted,  and  the 
best  part  of  seven  days  were  spent  in  examining*  witnesses 
and  debating  of  the  [case].  And  yet  it  was  not  determined; 
for  there  being  nine  magistrates  and  thirty  deputies,  no  sen 
tence  could  by  law  pass  without  the  greater  number  of  both, 
which  neither  [side]  had ;  for  there  were  for  the  plaintiff  two 
magistrates  and  fifteen  deputies,  and  for  the  defendant 
[Keayne]  seven  magistrates  and  eight  deputies.  .  .  . 

There  was  great  expectation  in  the  country,  by  occasion  of 
Story's  clamours  against  him,  that  the  cause  would  have  passed 
against  the  captain,  but  falling  out  otherwise,  gave  occasion  to 
many  to  speak  unreverently  of  the  court,  especially  of  the 

1  To  give  the  prefix  Mrs.  (Mistress)  to  this  poor  woman  would  be  wholly 
out  of  keeping  with  the  usage  of  that  day. 


228  DEVELOPMENT  OF  DEMOCRACY 

magistrates,  and  the  report  went,  that  their  negative  voice  had 
hindered  the  course  of  justice,  and  that  these  magistrates  must 
be  put  out,  that  the  power  of  the  negative  voice  might  be 
taken  away. 

June  12, 1643.  .  .  .  The  sow  business  not  being  yet  digested 
in  the  country  [even  Bellingham,  ex-governor,  urging  a  new 
trial  without  a  negative  voice  for  the  magistrates,  —  Winthrop 
gives  over  three  pages  here  to  a  review  of  the  controversy. 
Then  follows  :] 

The  sow  business  had  started  another  question  about  the 
magistrates'  negative  vote  in  the  general  court.  The  deputies 
generally  were  very  earnest  to  have  it  taken  away  ;  whereupon 
one  of  the  magistrates  [Winthrop?]  wrote  a  small  treatise, 
wherein  he  laid  down  the  original  of  it  from  the  patent,  and 
the  establishing  of  it  by  order  of  the  general  court  in  1634,  show 
ing  thereby  how  it  was  fundamental  to  our  government,  which, 
if  it  were  taken  away,  would  be  a  mere  democracy.  He  showed 
also  the  necessity  and  usefulness  of  it  by  many  arguments 
from  scripture,  reason,  and  common  practice,  etc.  Yet  this 
would  not  satisfy,  but  the  deputies  and  common  people  would 
have  it  taken  away;  and  yet  it  was  apparent  (as  some  of 
the  deputies  themselves  confessed)  the  more  did  not  under 
stand  it.  An  answer  also  was  written  (by  one  of  the  magis 
trates  as  was  conceived)  to  the  said  treatise,  undertaking  to 
avoid  all  the  arguments  both  from  the  patent  and  from  the 
order,  etc.  This  the  deputies  made  great  use  of  in  this  court, 
supposing  they  had  now  enough  to  carry  the  cause  clearly  with 
them,  so  as  they  pressed  earnestly  to  have  it  presently  deter 
mined.  But  the  magistrates  told  them  the  matter  was  of  great 
concernment,  even  to  the  very  frame  of  our  government ;  it  had 
been  established  upon  serious  consultation  and  consent  of  all 
the  elders ;  it  had  been  continued  without  any  inconvenience 
or  apparent  mischief  these  fourteen  years ;  therefore  it  would 
not  be  safe  nor  of  good  report  to  alter  on  such  a  sudden,  and 
without  the  advice  of  the  elders :  offering  withal,  that  if  upon 
such  advice  and  consideration  it  should  appear  to  be  inconven- 


FIRST  TWO-HOUSE   LEGISLATURE  229 

lent,  or  not  warranted  by  the  patent  and  the  said  order,  etc., 
they  should  be  ready  to  join  with  them  in  taking  it  away.  Upon 
these  propositions  they  were  stilled,  and  so  an  order  was  drawn 
up  to  this  effect,  that  it  was  desired  that  every  member  of  the 
court  would  take  advice,  etc.,  and  that  it  should  be  no  offence 
for  any,  either  publicly  or  privately,  to  declare  their  opinion  in 
the  case,  so  it  were  modestly,  etc.,  and  that  the  elders  should  be 
desired  to  give  their  advice  before  the  next  meeting  of  this  court. 
It  was  the  magistrates'  only  care  to  gain  time,  that  so  the  peo 
ple's  heat  might  be  abated,  for  then  they  knew  they  would  hear 
reason,  and  that  the  advice  of  the  elders  might  be  inter 
posed;  .  .  . 

.  .  .  One  of  the  elders  [Winthrop  himself]  also  wrote  a 
small  treatise  wherein  he  handled  the  question,  laying  down 
the  several  forms  of  government,  both  simple  and  mixt, 
and  the  true  form  of  our  government,  and  the  unavoidable 
change  into  a  democracy  if  the  negative  voice  were  taken 
away.  .  .  . 

March,  1644.  ...  At  the  same  court  in  the  first  month, 
upon  the  motion  of  the  deputies,  it  was  ordered  that  the  court 
should  be  divided  in  their  consultations,  the  magistrates  by 
themselves  and  the  deputies  by  themselves.  What  the  one 
agreed  upon,  they  should  send  to  the  other;  and  if  both 
agreed,  then  to  pass,  etc.  This  order  determined  the  great 
contention  about  the  negative  voice. 

[The  Records  of  the  Governor  and  Company  of  Massachusetts  Bay 
(II,  58-59)  give  this  act  which  established  the  first  two-chambered 
legislature  in  America  (An  Act  of  the  Generall  Court  at  Boston,  March 
7/17,  1644).  The  preamble  contains  an  interesting  reference  to  English 
precedent :  — 

"  For  as  much  as  after  long  experience  wee  find  divers  inconveniences 
in  the  manner  of  our  proceeding  in  Courts,  by  Magistrates  and  deputies 
siting  together,  and  accounting  it  wisdome  to  follow  the  laudable  prac 
tice  of  other  states  who  have  layd  groundworks  for  government  and 
order  in  the  issuing  of  busines  of  greatest  and  highest  consequence,  ..." 

See  also  an  interesting  prophecy  of  the  change  to  two  Houses  in  Cotton's 
letter,  No.  75  a,  above.] 


230  DEVELOPMENT  OF  DEMOCRACY 

81.   A  Town  Code  of  School  Law 

Dorchester  Town  Records,  54-57.  Cf.  American  History  and  Govern 
ment,  §  123. 

Upon  a  generall  and  lawfull  warning  of  all  the  Inhabitants  the 
14th  of  the  1st  moneth  1645  these  rules  and  orders  following 
presented  to  the  Towne  Concerning  the  Schoole  of  Dorchester  are 
Confirmed  by  the  major  parte  of  the  Inhabitants  then  present. 

First,  It  is  ordered  that  three  able,  and  sufficient  men  of 
the  Plantation  shalbe  Chosen  to  bee  wardens  or  overseers  of 
the  Schoole  above  mentioned  who  shall  have  the  Charge 
oversight  and  ordering  thereof  and  of  all  things  Concerneing 
the  same  in  such  manner  as  is  hereafter  expressed  and  shall 
Continue  in  their  office  and  place  for  Terme  of  their  lives 
respectively,  unlesse  by  reason  of  any  of  them  removing  his 
habitation  out  of  the  Towne,  or  for  any  other  weightie  reason 
the  Inhabitants  shall  see  cause  to  Elect  or  Chuse  others  in 
their  roome  in  which  cases  and  upon  the  death  of  any  of  the 
sayd  wardens  the  Inhabitants  shall  make  a  new  Election 
and  choice  of  others. 

And  Mr.  Haward,  Deacon  Wiswall,  Mr.  Atherton  are  elected 
to  bee  the  first  wardens  or  overseers. 

Secondly,  the  said  Wardens  shall  have  full  power  to  dis 
pose  of  the  Schoole  stock.  .  .  . 

Thirdly,  the  sayd  Wardens  shall  take  care,  and  doe  there 
utmost  and  best  endeavor  that  the  sayd  Schoole  may  from 
tyme  to  tyme  bee  supplied  with  an  able  and  sufficient  Schoole- 
master  who  nevertheless  is  not  to  be  admitted  into  the  place 
of  Schoolemaster  without  the  Generall  consent  of  the  Inhabit 
ants  or  the  major  parte  of  them.  .  .  » 

Fivethly,  the  sayd  wardens  shall  from  tyme  to  tyme  see 
that  the  Schoole  howse  bee  kept  in  good,  and  sufficient  re- 
payre,  the  Charge  of  which  reparacion  shalbe  defrayed  and 
payd  out  of  such  rents,  Issues  and  profitts  of  the  Schoole 
stock,  if  there  be  sufficient,  or  else  of  such  rents  as  shall 
arise  and  grow  in  time  of  the  vacancy  of  the  Schoolemaster  — 


A  TOWN  CODE  OF  SCHOOL  LAW  231 

if  there  bee  any  such  and  in  defect  of  such  vacancy  the  war 
dens  shall  repayre  to  the  7  men  of  the  Towne  for  the  tyme 
beeing  who  shall  have  power  to  taxe  the  Towne  with  such 
somme,  or  sommes  as  shalbe  requisite  for  the  repay  ring  of 
the  Schoole  howse  as  aforesayd. 

Sixthly,  the  sayd  Wardens  shall  take  Care  that  every  yeere 
at  or  before  the  end  of  the  9th  inoneth  their  bee  brought  to 
the  Schoolehowse  12  sufficient  Cart,  or  wayne  loads  of  wood 
for  fewell,  to  be  for  the  use  of  the  Schoole  master  and  the 
Schollers  in  winter  the  Cost  and  Chargs  of  which  sayd  wood 
to  bee  borne  by  the  Schollers  for  the  tyme  beeing  who 
shalbe  taxed  for  the  purpose  at  the  discretion  of  the  sayd 
Wardens. 

Lastly,  the  sayd  Wardens  shall  take  care  that  the  Schoole- 
rnaster  for  the  tyme  beeing  doe  faythfully  performe  his  dutye 
in  his  place,  as  schoolmasters  ought  to  doe,  as  well  in  other 
things  as  in  these  in  which  are  hereafter  expressed,  viz. 

First,  that  the  Schoolemaster  shall  diligently  attend  his 
Schoole  and  doe  his  utmost  indeavor  for  Benefitting  his 
Schollers  according  to  his  best  discretion  without  unneces- 
saryly  absenting  himself  to  the  prejudice  of  his  schollers, 
and  hindering  there  learning. 

21y,  that  from  the  beginning  of  the  first  moneth  [March]  untill 
the  end  of  the  7th  he  shall  every  day  begin  to  teach  at  seaven  of 
the  Clock  in  the  morning  and  dismisse  his  schollers  at  fyve 
in  the  afternoone.  And  for  the  other  five  moneths  that  is 
from  the  beginning  of  the  8th  moneth  untill  the  end  of  the 
12th  moneth  he  shall  every  day  begin  at  8th  of  the  Clock  in 
the  morning  and  [end]  at  4  in  the  afternoone. 

Sly,  every  day  in  the  yeare  the  usual  tyme  of  dismissing 
at  noone  shall  be  at  11  and  to '  beginn  agayne  at  one  except 
that 

41y,  every  second  day  in  the  weeke  he  shall  call  his  schol 
lers  togeither  betweene  12  and  one  of  the  Clock  to  examiii 
them  what  they  have  learned  on  the  saboath  day  preceding 
at  which  tyme  also  he  shall  take  notice  of  any  misdemeanor 


232  DEVELOPMENT  OF  DEMOCRACY 

or  disorder  that  any  of  his  skollers  shall  have  Committed 
on  the  saboath  to  the  end  that  at  somme  convenient  tyme  due 
Admonition  and  Correction  may  bee  admistred  by  him  ac 
cording  as  the  nature,  and  qualitie  of  the  offence  shall  require 
at  which  sayd  examination  any  of  the  elders  or  other  Inhabit 
ants  that  please  may  bee  present  to  behold  his  religious  care 
herein  and  to  give  there  Countenance,  and  approbation  of  the 
same. 

51y,  hee  shall  equally  and  impartially  receive  and  instruct 
such  as  shalbe  sent  and  Comitted  to  him  for  that  end  whither 
their  parents  bee  poore  or  rich  not  refusing  any  who  have 
Bight  and  Interest  in  the  Schoole. 

61y,  such  as  shalbe  Comitted  to  him  he  shall  diligently 
instruct  as  they  shalbe  able  to  learne  both  in  humane  learning, 
and  good  literature  and  likewise  in  poynt  of  good  manners, 
and  dutifull  behaviour  towards  all  specially  their  superiors  as 
they  shall  have  ocasion  to  bee  in  their  presence  whether  by 
meeting  them  in  the  streete  or  otherwise. 

71y,  every  6  day  of  the  weeke  at  2  of  the  Clock  in  the  after- 
noone  hee  shall  Chatechise  his  schollers  in  the  principles  of 
Christian  religion  either  in  somme  Chatechism  which  the  War 
dens  shall  provide  and  present,  or  in  defect  thereof  in  some 
other. 

Sly,  And  because  all  mans  indeavors  without  the  blessing 
of  God  must  needs  bee  fruitlesse  and  unsucessfull  theirfore  It 
is  to  be  a  cheif  part  of  the  schoolemasters  religious  care  to 
Commend  his  schollers  and  his  labours  amongst  them  unto 
God  by  prayer,  morning  and  evening,  taking  Care  that  his 
schollers  doe  reverendly  attend  during  the  same. 

91y,  And  because  the  Rodd  of  Correction  is  an  ordinance  of 
God  necessary  sometymes  to  bee  dispenced  unto  Children  but 
such  as  may  easily  be  abused  by  overmuch  severity  and  rigour 
on  the  one  hand,  or  by  overmuch  indulgence  and  lenitye  on  the 
other.  It  is  therefore  ordered  and  agreed  that  the  schoolemaster 
for  the  tyme  beeing  shall  have  full  power  to  minister  Correction 
to  all  or  any  of  his  schollers  without  respect  of  persons  accord- 


COLONIAL  SCHOOL  LAWS  233 

ing  as  the  nature  and  qualitie  of  the  offence  shall  require,  whereto 
all  his  schollers  must  bee  duely  subject  and  no  parent  or  other 
of  the  Inhabitants  shall  hinder  or  goe  about  to  hinder  the 
master  therein.  Neverthelesse  if  any  parent  or  others  shall 
think  their  is  just  cause  of  Complaynt  agaynst  the  master  for 
to  much  severity,  such  shall  have  liberty  freindly  and  lovingly 
to  expostulate  with  the  master  about  the  same,  and  if  they  shall 
not  attayne  to  satisfaction  the  matter  is  then  to  bee  referred  to 
the  wardens  who  shall  impartially  judge  betwixt  the  master 
and  such  Complaynants.  And  if  it  shall  appeare  to  them  that 
any  parent  shall  make  causelesse  Complaynts  agaynst  the 
master  in  this  behalf  and  shall  persist  and  Continue  so  doeing 
in  such  case  the  wardens  shall  have  power  to  discharge  the 
master  of  the  care  and  Charge  of  the  Children  of  such 
parents.  .  .  . 

And  because  it  is  difficult  if  not  Impossible  to  give  particular 
rules  that  shall  reach  all  cases  which  may  fall  out,  therefore 
for  a  Conclusion  It  is  ordered,  and  agreed,  in  Generall,  that 
where  particular  rules  are  wanting  there  It  shalbe  a  parte  of  the 
office  and  dutye  of  the  Wardens  to  order  and  dispose  of  all 
things  that  Concerne  the  schoole,  in  such  sort  as  in  their  wise- 
dom  and  discretion  they  shall  Judge  most  Conducible  for  the 
glory  of  God,  and  the  trayning  up  of  the  Children  of  the  Towne 
in  religion,  learning  and  Civilitie,  and  these  orders  to  be  Con 
tinued  till  the  major  parte  of  the  Towne  shall  see  cause  to 
alter  any  parte  thereof.1 

82.  Colonial  School  Laws 

a.   Compulsory  Education,  16Jf>2 
Records  of  the  Governor  and  Company  of  Massachusetts  Bay,  II,  6-7. 

[A  General  Court,  May,  1642.]2 

This  Court,  taking  into  consideration  the  great  neglect  of 

1  Cf .  also  some  of  the  entries  in  the  extracts  from  the  Watertown  Records, 
No.  83,  below. 

2  The  heading  is  missing  (by  mutilation)  from  the  Records. 


234  DEVELOPMENT  OF  DEMOCRACY 

many  parents  and  masters  in  training  up  their  children  in  learn 
ing  and  Labor  and  other  impl[o]yments  which  may  be  profitable 
to  the  common  wealth,  do  hereupon  order  and  decree,  that  in 
every  towne  the  chosen  men  appointed  for  managing  the  pruden- 
tiall  affayers  of  the  same  shall  henceforth  stand  charged  with  the 
care  of  the  redresse  of  this  evill  (so  as  they  shalbee  sufficiently 
punished  by  fines  for  the  neglect  thereof,  upon  presentment  of 
the  grand  jury  or  other  information  or  complaint  in  any  Court 
.  .  .)  And  for  this  end  they  .  .  .  shall  have  power  to  take 
account  from  time  to  time  of  all  parents  and  masters,  and  of 
their  children,  concerning  their  calling  and  impl[o]yment  of 
their  children,  especially  of  their  ability  to  read  and  understand 
the  principles  of  religion  and  the  capitall  lawes  of  this  country, 
and  to  impose  fines  upon  such  as  shall  refuse  to  render  such 
accounts  to  them  .  .  .  and  they  shall  have  power,  with  consent 
of  any  Court  ...  to  put  forth  [as]  apprentices  the  children 
of  such  as  they  shall  [find]  not  to  be  able  and  fitt  to  imploy 
and  bring  them  up.  .  .  . 

[Connecticut  copied  this  law  in  1642,  and  New  Haven  in 
1644.  The  Connecticut  preamble,  like  the  one  above,  empha 
sizes  the  civic  motive :  "  For  as  much  as  the  good  education 
of  children  is  of  singular  behoof  and  benefit  to  any  com 
monwealth  ...  it  is  therefore  ordered,"  etc.  Connecticut, 
too,  was  more  specific  as  to  the  exact  penalty  for  delinquent 
parents,  —  providing  fines  for  the  first  two  offenses,  but  the 
removal  and  apprenticing  of  the  children  for  continued  de 
linquency. 

The  Massachusetts  law  closed  with  a  lengthy  provision  for 
elementary  industrial  training,  the  select  men  to  provide  materi 
als  and  see  that  "  children  sett  to  keep  cattle  be  set  to  some 
other  imployment  withall,  as  spinning  .  .  .  knitting,  weaving 
tape,  etc." 

Plainly,  this  law  of  1642  assumed  that  each  town  had  a 
school.  The  next  law  (b  below)  expressly  provides  such 
schools.] 


COLONIAL  SCHOOL  LAWS  235 

b.  A  State  System  of  Schools 
Records  of  Governor  and  Company  of  Massachusetts  Bay,  II,  203 

Att  a  Sesion  of  the  Generall  Court,  the  27th  of  the  8th  Month, 
1G47,  at  Boston 

...  It  being  one  cheife  project  of  that  ould  deluder,  Satan, 
to  keepe  men  from  the  knowledge  of  the  Scriptures,  as  in 
former  times  by  keeping  them  in  an  unknowns  tongue,  so  in 
these  latter  times  by  persuading  from  the  use  of  tongues  (that 
so  at  least  the  true  sence  and  meaning  of  the  originall  might 
be  clouded  by  false  glosses  of  saint-seming  deceivers),  —  that 
learning  may  not  be  buried  in  the  grave  of  our  fathers  in  the 
church  and  commonwealth,  the  Lord  assisting  our  endeavors,  — 

It  is  therefore  ordered  .  .  .  that  every  towneship  in  this  juris 
diction,  after  the  Lord  hath  increased  them  to  the  number  of 
50  householders,  shall  then  forthwith  appoint  one  within  their 
towne  to  teach  all  such  children  as  shall  resort  to  him  to  write 
and  reade,  —  whose  wages  shall  be  paid  either  by  the  parents 
or  masters  of  such  children,  or  by  the  inhabitants  in  generall, 
by  way  of  supply  [tax],  as  the  major  part  of  those  that  order 
the  prudentialls  of  the  towne  shall  appoint :  provided,  those 
that  send  their  children  be  not  oppressed  by  paying  much 
more  than  they  can  have  them  taught  for  in  other  townes. 
And  it  is  further  ordered,  that  where  any  towne  shall  increase 
to  the  number  of  100  families  or  househoulders,  they  shall  set 
up  a  grammer  schoole,  the  inr.  thereof  being  able  to  instruct 
youth  so  farr  as  they  may  be  fited  for  the  university,  provided 
that  if  any  towne  neglect  the  performance  hereof  above  one 
yeare,  that  such  towne  shall  pay  5  pounds  to  the  next  schoole, 
till  they  shall  perform  e  this  order. 

[The  punctuation  of  this  noble  sentence  has  been  somewhat  classified 
here  by  the  use  of  parentheses,  dashes,  and  colons  for  the  commas  of  the 
original.  On  this  legislation,  cf.  American  History  and  Government, 
§123.  The  "university"  was  Harvard,  which  had  been  founded  in 
1636.  The  greater  part  of  this  law  was  adopted  two  years  later  in 
Connecticut.] 


236  DEVELOPMENT  OF  DEMOCRACY 

83.   Representative  Town  Records 

(Extracts  from  the  Watertown  Records  for  the  years 
1634-1678) 

Watertown  was  the  second  town  to  set  up  town  government.  (Cf.  (1), 
below,  with  No.  72,  above.)  The  complete  records  of  these  years  1634- 
1678  would  fill  250  pages  of  this  volume.  Note  the  greater  illiteracy 
from  about  1650  on,  and  cf.  American  History  and  Government,  §  122. 

(1)  August  23,  1634.     Agreed  by  the  consent  of  the  Free 
men,  that  there  shall  be  Chosen  three  persons  to  be  [for]  the 
ordering  of  the  civill  affaires  in  the  Towne  [One  of  them  to 
serve  as  "  Tovvne  Clark "]  ;  and  [he]  shall  keep  the  Records 
and  Acts  of  the  Towne.     The  three  chosen  are  ... 

(2)  — ember  13.     Agreed,  by  the  Consent  of  the  Freemen 
that  Robert  Seeley  and  Abram  Browne  shall  measure  and  lay 
out  all  the  Lotts  that  are  granted. 

Agreed  that  no  man  shall  fell  or  cutt  down  any  timber  trees 
upon  the  Common,  without  the  consent  of  Robert  Seeley  and 
Abram  Browne,  and  otherwise  to  pay  to  the  Towne  for  every 
tree  5s. 

(3)  January  3,  1635.     Agreed  that  no  man  being  foreigner 
.  .  .  coming  out  of  England  or  some  other  Plantation,  shall 
have  liberty  to  sett  downe  amongst  us,  unless  he  first  have  the 
Consent  of  the  Freemen  of  the  Towne. 

(4)  Feb.  21,  1635.     Agreed  by  the  freemen  that  whosoever 
hath  a  Lott  in  a  generall  Inclosure  shall  fence  it  with  the  rest 
according  to  proportion,  and  if  he  shall  refuse,  the  Lott  shall 
returne  to  the  Towne  againe.  .  .  . 

Agreed,  that  the  towne  Clark  shall  have  six  pense  for  every 
Lott  of  land  that  he  shall  Inroll  in  the  towne  Booke  and  bring 
the  Party  a  note  under  his  hand  of  the  situation  of  it.1 

(5)  August  22,  1635.     Agreed  that  whosoever  being  an  In 
habitant  in  the  Towne  shall  receive  any  person,  or  family  upon 

1This  was  a  fee  for  a  very  indefinite  description  of  title  :  cf.  (8),  below, 
and  note. 


REPRESENTATIVE  TOWN  RECORDS      237 

their  propriety  that  may  prove  chargeable  to  the  Towne  shall 
maintaine  the  said  persons  at  their  owne  charges,  to  save  the 
Towne  harmeles. 

(6)  September  23,  1635.     Agreed  that  (whereas  there  is  a 
dayly  abuse  in  felling  of  Timber  upon  the  Common)  whosoever 
shall  offend  in  felling  any  Trees  without  leave,  shall  pay  for 
every  Tree  cut  downe  without  order,  20  shillings  to  the  use  of 
the  Towne. 

(7)  November  14,  1635.  .  .  .  Agreed  that  John  Warrin  and 
Abram  Browne  shall  lay  out  all  the  Highwaies,  and  to  see  that 
they  be  sufficiently  repaired. 

(8)  —  ember  30. 1635.   Agreed  by  the  Consent  of  the  Freemen 
that  these  11  freemen  shall  order  all  the  Civill  Affaires  for  the 
Towne  for  this  yeare  following,  and  to  divide  the  Lands.1  .  .  . 


1  The  descriptions  of  such  divisions  of  lands  were  exceeding  vague,  —  il 
lustrated  by  the  following  entry  from  the  Records  of  the  Town  of  Plymouth,  — 
rather  clearer  than  the  average  but  selected  here  because  of  its  brevity :  — 

"  Ordered  to  be  Recorded  pr.  Thomas  Southworth : 

haveing  order  att  a  Townemeeting  held  the  second  day  of  January  1666  for 
the  bounding  of  ten  acrees  of  land  graunted  to  Benjamine  Eaton  lying  above 
the  lands  that  was  formerly  George  Clarkes  and  betwixt  ffrancis  Billingtons 
lott  and  the  lotts  that  were  John  Cookes ;  have  layed  it  out  on  the  westward 
side  of  the  swamp  called  Bradfords  Marsh  and  on  the  south  side  and  east  end 
of  the  said  land  have  bounded  it  with  a  swamp  wood  tree  standing  att  or  in  the 
swamp :  from  thence  the  line  extends  nearest  southwest  and  by  west  to  a  Red 
oake  tree  marked  and  standing  on  the  westward  side  of  the  Topp  of  a  hill ;  and 
on  the  north  side  and  east  end  next  to  the  swamp  with  a  young  walnutt  sap 
ling,  and  from  the  said  walnut  the  line  extends  nearest  southwest  and  by  west 
unto  a  forked  Red  oake  sapling;  bounded  Aprill  nth  1667  pr  Will :  Crow." 

The  following  entry  of  a  "  deed  "  from  the  Early  Records  of  the  Town  of 
Providence  illustrates  the  worst  cases  of  land  titles :  — 

"  Be  it  knowne  unto  all  men  by  these  presences  that  I,  wissawyamake,  an 
Ingen  about  the  age  of  23  yeares  ould,  now  dwilling  at  Sekescute  ner  pro- 
vidinc,  have  barganed  and  sould  unto  thomas  Clemenes  of  providinc  one 
medow  Containing  about  8  Akers  mor  or  lese,  a  broke  at  each  End  and  a  hille 
on  the  weaste  sid  of  it  and  wenasbetuckit  river  on  the  other  sid  of  it  and  have 
sould  unto  him  the  free  use  of  the  river  allso,  to  which  bargen  I  the  sayd 
Ingen  do  nearby  bine  me  my  hayrs  Exctors  adminstratrs  and  asignes  to 
parfforme  the  bargon  unto  Thomas  Clemenes  his  hayrs  and  asignes  and  I 
the  aforesaid  Ingen  doe  here,  by  bind  me  my  silfe  my  hayrs  Exctors  admin 
stratrs  and  asigns  uppon  the  ffortner  of  our  silves  forfite  unto  thomas 


238  DEVELOPMENT  OF  DEMOCRACY 

(9)  [1636]  January  29.     Ordered,  that  there  shalbe  8  dayes 
appointed  every  yeare  for  the  repayring  of  the  Highwaies  and 
every  man  that  is  Souldier  or  watchman  to  come  at  his  ap 
pointed  time  with  a  wheelbarrow,  mattock,  spade  or  shovle, 
and  for  default  hereof  to  pay  for  every  day  5  shillings  to  the 
Towne,  and  a  Cart  for  every  day  to  pay  19  shillings. 

(10)  Aprill  23,  1638.     Ordered  that  those  Freemen  of  the 
Congregation  shall  build  and  dwell  upon  their  Lotts  at   the 
Towne  plott,  and  not  to  alienate  them  by  selling  or  exchanging 
them  to  any  forrainer,  but  to  Freemen  of  the  Congregation,  It 
being  our  reall  intent  to  sitt  down  there  close  togither,  and 
therefore  these  Lotts  were  granted  to  those  Freemen  that  in 
habited  most  remote  from  the  meeting-house  and  dwell  most 
scattered,  .  .  . 

(11)  1639.     D.  31,    (Mo.  10.)1     Ordered  that  if  any  of  the 
Freemen  be  absent  from  any  Publick  Towne  meeting  at  the 
time  appointed  sufficient  warning  being  formerly  given,  he 
shall  forfett  for  every  time  to  the  Towne  2  shillings,  6  d. 

Ordered  by  the  Freemen  that  the  men  deputed  for  to  order 
the  Civill  affaires  shall  not  make  any  order  without  consent  of 
7  of  those  Freemen  chosen. 

(12)  D.  21,  (M.  2.)  1640.     Ordered  that  if  any  Person  shall 
suffer  his  Dog  to  come  to  the  Meeting  upon  the  Lords  day  he 
shall  forfett  for  every  time  1  s. 

(13)  D.  29,   (M.  10.)    1640.     Ordered  that  oil  those  Inhabit 
ants  that  have   beene   by    Common    Consent   or  vote   taken   in 
amongst  us,  or  have  had  Dividents  granted  to  them  shalbe  accepted 
for  Townesmen,  and  no  others. 

(14)  D.  21,  (M.  7.)  1641.     Ordered  that  George  Munnings 

Clemenes  and  to  his  hayrs  Exstors  adminstrators  and  asignes  if  I  the  sayd 
Ingen  be  not  the  right  honer  of  the  ahove  sayd  midowe  and  do  herby  warante 
to  thomis  Clemenes  the  fall  of  it  agaynst  all  Engens  and  men  what  ever 
under  witten  this  9th  day  of  January  1654  in  the  presents  of  Joshua 
ffoot"  "the  mark  X  of 

"  the  marke  H  of  henry  wissowyamake  " 

ffowler  " 

1  Tenth  month  (December) ,  thirty-first  day. 


REPRESENTATIVE   TOWN   RECORDS  239 

is  appointed  to  looke  to  the  Meetinghouse,  and  to  be  free  from 
Rates  [in  return  for  service]. 

(15)  D.  5,  (M.  5.)  1642.     Ordered  that  Hugh  Mason,  Thomas 
Hastings,  and  John  Shearman  are  appointed  to  set  up  a  suffi 
cient  fence  about  the  Burying  Place  with  a  5-foot  pale  and  2 
railes  well  nailed  by  the  15  of  the  2  moneth,  and  the  Towne 
to  pay  them  for  it. 

(16)  D.  6,  (M.  5)  1642.     Ordered  that  there  shalbe  a  new  In 
voice  taken  of  Mens  Estates  to  make  the  Rates  l  by  for  this 
yeare.      Also   that   all   Lands   granted  by  the  Towne   shalbe 
rated  this  yeare. 

Ordered  that  Land  broken  up  shall  pay  the  Acre,  2  Ib     10s 

Land  inclosed  not  broken  up  the  Acre,  10s 

The  further  Plaine  shall  pay  upon   the 

Acre,  5s 

The  dividents,  the  remote  meddows  and 

the  hither  Plaine,  10s 

The  land  in  lieu  of  the  Towne  Plott  the 

Acre,  Is 

The  Farmes  shall  pay  upon  the  Acre,  6d 

The  home  meddows  shall  pay  the  Acre,  1  Ib     10s 

Ordered  that  Mares,  Steeres,  and  Cowes  are  rated  at  5  Ib 

Heifers,  2  year  old,  at  3  Ib 

Calves,  1  year  old,  at  1  Ib     10s 

Calves,  under  a  year,  at  1  Ib 

Goats,  at  10s 

Sheep,  at  2  Ib 

Hogs,  a  year  old,  at  1  Ib 

Pigs,  3  months  old,  at  6s    Sd 

Colts,  at  17s    Gd 

Lambs,  at  5s 

Kids,  at  2s    8d 

(17)  D.  20,  (M.  10)  1642.     Ordered  that  there  shalbe  a  Rate 
made  of  100  Ib  for  to  discharge  these  Debts  following : 

Imprimis  to  Thomas  Hastings  for  charges  to  the  Poore 

and  building  the  house  for  John  Kettle  17  Ib 

1  This  English  term  for  local  taxes  was  used  in  the  early  colonies. 


240  DEVELOPMENT   OF  DEMOCRACY 

Item,  to  John  Simson  10s 

Item,  for  fencing  the  Burying  place  6  Ib     10s 

Item,  formerly  due  to  the  Officers  30  Ib 

Item,  for  the  Capitall  Laws  10s 

Item,  for  the  Court  Orders,  3  M  1642  11s    3d 

Item,  to  John  Knolls  pastor  for  1  quarter  10  Ib 

Item,  to  George   Phillips   pastor  for  half  yeare   due 
Jan.  1  33  Ib      6s    Sd 

(18)  D.  15,  (M.    6.)  1643.     Ordered   that   John    Shearman 
shall  keepe  weights  and  measures  according  to  the  Order  of 
the  Court  for  the  Townes  use  and  also  to  take  up  lost  goods. 

(19)  [Nov.  15,  1647].     Lieu.  Mason  complayninge  that  he 
was  burdened  with  the  service  of  the  Towne ;  the  Towne  did 
Release  him :  and  chose  Isaac  Steearnes  in  his  steade,  to  be 
one  of  the  Seaven  men. 

(20)  At  A  Generall  Towne  Meeting,  the  17  (7)  1649. 
Granted  to  the  Ministry  —  160  pounds  —  for  this  present  year 
beginning  the  24th  of  June  last :  to  be  gathered  by  Rate,  and 
to  be  paied  the  one  halfe  the  first  weeke  of  December  next, 
and  the  other  halfe  the  first  of  march  Following 

agreed  that  there  shall  be  a  Rate  of  90  pounds  made  for  to 
pay  Robert  Saltonstall :  and  to  Build  a  Schoole-house :  and  to 
Build  a  gallery  in  the  Meetinghouse  and  to  pay  other  debts 
the  Towne  oweth.  .  .  . 

John  Sherman  is  apointed  to  procuere  the  Schoole  house 
Built :  and  to  have  it  built  22  foot  long  and  14  foot  wide  and 
9  foot  betwene  Joynts  —  also  to  git  a  penn  of  one  aker  of 
ground  fenced  in  with  4  Railes  for  the  lodging  a  heard  in  the 
'woods :  and  to  procuer  a  small  house  for  lodging  the  heards- 
man :  and  to  be  done  in  such  a  place  as  Deacon  Child  and 
himself  shall  thinke  best,  towards  Sudbury  Bounds 

(21)  the  7d.  — 10  mo  1649  .  .  . 

agreed  that  John  Sherman  Shall  wright  a  letter,  in  the  Townes 
name,  unto  David  Mechell  of  Stamfourth  to  Certify  to  him  the 
Townes  desier  of  him  to  Come  and  keepe  School  in  the  towne 

(22)  At  a  Meeteing  of  the  Select  men  at  Sargeng  [Seargeut] 
Beeres  the  10  December  1652. 


REPRESENTATIVE   TOWN   RECORDS  241 

Agreed  by  the  towne,  with  the  Consent  of  John  Sherman 
that  Willyam  Barsham  shall  prise  all  the  Carpenters  worke 
aboute  the  scoolehouse  and  the  Towne  shall  make  payment 
akcording  to  his  award. 

Memorandum     There  is  22  pounds  towards  it  payd  alredy. 

(23)  December  22,  1652  .  .  . 

Mr.  Norcros  is  to  keepe  ascoole  upon  the  same  pay  and  the 
same  building  as  he  had  the  last  yeeare. 

James  Cuttler  and  John  Traine  are  Chosen  Survayers  for 
high  wayes  for  this  yeare. 

(24)  At  a  Meeteing  of  the  Select  men  the  8  (9)  1653.  .  .  . 
Ordered  that  the  Cunstable  Thomas  underwood  shall  reserve 

in  his  hand  of  the  Towne  Rate  13  bushells 
John  Sherman  did  Qf  Indian  Corne  and  3  booshells  of  ze  for 
present  a  plot  of  the  _.  ...  ,  _  . .  ,  .  . 

great  dividents  the  Thomas  philpot  and  Deliver  him  every  weeke 
22/9/1653  one  peck  of  Corne  and  every  month  one  peck 

of  peaze. 

[These  commodities  had  been  paid  into  the  town  treasury  (as  taxes), 
and  were  to  be  reserved  by  the  "treasurer"  (then,  the  Constable)  for 
this  case  of  "  poor  relief."  Wages  and  salaries  also  were  commonly  paid 
in  commodities  (at  legal  rates)  in  New  England.  Thus,  — 

Att  a  Townemeeting  held  att  the  meeting  house  att  Plymouth  the 
*  day  of  July  1607  ;  It  was  agreed  and  concluded  as  followeth,  viz  : 

"  That  the  sume  of  fifty  pounds  shalbee  alowed  to  Mr.  Colton  [the  min 
ister]  for  this  present  yeare  and  his  wood  To  be  raised  by  way  of  Rate  to 
be  payed  in  such  as  god  gives,  ever  onely  to  be  minded  that  a  considerable 
parte  of  it  shalbee  payed  in  the  best  pay  ;  and  William  Clarke  and  William 
Crow  are  appointed  by  the  Towne  to  take  notice  of  what  is  payed  and 
brought  in  unto  him  and  to  keep  an  account  therof.  Joseph  howland  and 
ffrancis  Combe  are  agreed  with  by  the  Towne  to  find  the  wood  for  this 
yeare  for  the  sume  of  eight  pounds." 

The  difficulty  was  to  get  "good  pay."  It  is  recorded  in  the  accounts 
of  Harvard  that  one  student,  afterward  president  of  the  college,  paid 
his  tuition  with  "an  old  cow,"  which,  good  or  bad,  had  to  be  accepted 
at  a  fixed  rate  for  coins.] 

At  aMeeting  of  the  Select  men 
the  13  /  10  / 1653 

(25)  Samuel  Banjamine  was  presented  before  us  for  Idelnes 


242  DEVELOPMENT   OF  DEMOCRACY 

By  Mr.  Norcros  which  Did  two  evidently  apeare  by  his  ragged 
Clothes  and  Divers  Debts  apearing,  but  upon  his  promise  of 
amendment  hee  was  released  unto  the  next  yeare. 

(26)  At  apublick  Towne  meeting  the  14  (8)  1654 
Ordered  by  the  Inhabetance  that  there  should  be  anew  meet 
ing  house  builded 

Ordered  that  the  place  where  it  shall  stand  shall  be  in  som 
Convenient  place  betwene  Sargant  Brits  ende  fence  and  John 
Bisko  his  raylesv 

Ordered  that  there  shall  be  raysed  by  rate  upon  the  inhabe- 
tance  one  hundred  and  fifty  pounds  this  yeare  for  to  begin  the 
work  withall 

Ordered  that  Cambridg  meeting  house  shall  be  our  pattern 
in  all  poynts 

Ordered  the  Select  men  shall  have  power  to  agree  with  John 
Sherman  or  any  other  person  to  performe  tha  foresaid  work. 

Ordered  that  the  speaces  [specie]  in  which  workmen  that  Doe 
undertake  it  shall  be  payed  in  shall  bee  one  3d  parte  wheate, 
and  the  rest  in  rye,  pease,  Indecorne,  and  Cattell. 

The  Select  men  with  the  help  of  willyam  Barsharn  have 
agreed  with  John  Sherman  to  Build  ameeting  house  Like  unto 
Cambridg  in  all  poynts,  the  Cornish  and  fane  Excepted,  and 
to  have  it  finished  by  the  Last  of  September  in  1656 ;  and  hee 
is  to  receive  of  the  Towne  400  pounds  with  the  Seates  of  the 
old  meeting  house ;  which  some  [sum]  is  to  be  payd  at  3  sev 
eral  payments,  as  by  artickls  of  Agreement  under  hand  and 
seale  Dooth  appeare  more  fully. 

(27)  Att  a  meeting  of  the  7  men  Nov.  19.  (56) 

These  are  to  Shew,  that  Elizabeth  Braibrok  widow  of  Water- 
town  e  in  the  County  of  Middlesex,  hath  putt  her  daughter 
(with  the  approbation  of  the  select  men)  into  the  hands  of 
Simont  Tomson  and  his  wife  of  Ipswich  in  the  County  of  Essex, 
rope  maker,  to  be  as  an  apprentice,  untill  she  come  to  the  age 
of  eighteene  yeares,  in  which  time  the  said  Sarah  is  to  serve 
them  in  all  lawfull  comands,  and  the  said  Simont  is  to  teach 
her  to  reade  the  Englishe  Tongue  and  to  instruct  her  in  the 


REPRESENTATIVE   TOWN   RECORDS  243 

knowleg  of  god  and  his  wayes,  and  to  provide  for  the  said 
Sarah,  holesome  meate  and  drink,  with  convenient  cloathing  as 
the  seasons  doe  require  and  he  the  said  Simont  doth  ingage 
himselfe  and  wife,  to  give  the  said  Sarah  at  the  end  of  her 
tearme,  a  good  cow,  and  an  ewe  sheep  with  convenient  Cloath 
ing,  and  if  the  said  Sarah  dye  within  one  yeare  before  her  age 
pfixed,  that  then  the  said  cow  and  sheep,  shall  goe  to  some  of 
the  children  of  the  said  Elizabeth  Brabrok. 

This  agreement  was  signed  and  confirmed  by  there  markes 
of  each  partie  and  witnessed  as  appears  in  two  severall  wright- 
ings  by  Joshua  Edmonds 
and  in  presence  of  the  seaven  men 
or  the  greatest  part  of  them. 
Ephraim  Child  in  the  behalf e  of  the  rest. 

(28)  At  a  meeting  of  the  select  men  at  Isaak  Sternes  his  House 

January  the  18th  1669 

It  was  agreed  that  the  select  men  shall  take  their  turnes 
every  man  his  Day  to  site  upon  the  gallary  to  looke  to  the 
youths  that  they  may  prevent  miscarigis  in  the  time  of  publike 
exercises  on  the  Lords  Days  and  also  that  the  two  Constables 
shalbe  desired  to  take  their  turnes  to  site  ther  also. 

(29)  At  a  meeting  at  Leift  Beeri's  march  3d  1670. 

Ther  comeing  a  complaints  to  us  the  selectmen  concerneing 
the  poverty  of  Edward  Sandersons  famelley :  that  they  had 
not  wherwith  to  mainetaine  themselves  and  childeren  either  with 
suply  of  provision  or  emplymeut  to  earne  any  and  considering 
that  it  would  be  the  charge  of  the  towne  to  provide  for  the 
wholl  fameley  which  will  be  hard  to  doe  this  yeer :  and  not 
knoweing  how  to  suply  them  with  provision :  we  considereing 
if  we  shoulde  suply  them  and  could  doe  it,  yet  it  would  not 
tend  to  the  good  of  the  childeren  for  their  good  eaducation  and 
bringeing  up  soe  as  they  may  be  usefull  in  the  common  weall 
or  them  selves  to  live  comfortablly  and  usef uly  in  time  to  come, 
We  have  therfore  a  greed  to  put  out  two  of  his  childeren  in  to 
sume  honist  famelleys  wher  they  may  be  eaducated  and  brought 
up  in  the  kuowlidge  of  God  and  sum  honist  calling  or 


244  DEVELOPMENT  OF  DEMOCRACY 

labor.  And  therfor  we  doe  order  that  Thomas  Fleg  and  John 
Bigulah  shall  have  power  to  binde  them  prentises  with  sume 
honist  people  with  the  consent  of  their  perants  if  it  may  be 
hade,  and  if  the  perants  shall  oppose  them,  to  use  the  helpe  of 
the  Magistrate :  in  the  name  and  with  the  consent  of  the 
select  men,  Thomas  Hastings. 

(30)     A  ametting  of  the  selectmen  at  Corparall  bonds 
the  27th  of  march  1677 


Agreed  with  leftenant  shearmon  to  ceep  an  inglish  scoole 
this  year  and  to  begin  the  (9th)  of  eaprill  at  the  scoole  house 
and  the  town  to  alow  him  twenty  pounds  in  the  town  Reat 
that  shall  be  raized  in  this  yeare  (77)  and  if  the  said  leftenant 
dezireth  to  lay  down  his  imployment  at  the  years  end  then  he 
shall  give  the  town  a  quartur  of  ay  ears  warning,  and  if  the 
town  dezyreth  to  chang  ther  scoole  master  thay  shall  give  the 
like  warning.  The  select  men  agree  allsoo  that  the  said  scoole 
shall  be  cept  from  the  f  urst  of  may  to  the  last  of  august,  8  owers 
in  the  day,  to  witt,  to  begin  at  seven  in  the  morning,  and  not 
to  break  up  untill  five  at  night,  noone  time  acsepted ;  and  from 
the  last  of  august  untill  the  last  of  octobur  6  oners  in  the  day, 
soo  allsoo  in  the  munths  of  march  and  Eaprill  and  the  4  wint- 
tur  munths  to  begin  at  tenn  of  the  clock  in  the  morning  and 
continnue  untill  2  a  clock  in  the  afternoone. 

(31)     At  ametting  of  the  select  men  at  the  house  of  gregory 

coock : 
this  (7th)  of  Janiwary  1678 : 

The  select  men  sent  anoote  to  leftenant  Shearmon  and  allso 
anoote  to  Mr  goddard  to  signify  to  them  thay  had  agreed  with 
another  man  to  ceep  the  scoole  when  thear  year  was  oute,  and 
that  thay  did  thearby  give  them  aquartur  of  ayears  warning 
according  to  the  ordur  uppon  the  town  Booke. 

The  select  men  agreed  with  mr  Richard  Norcros  to  ceep  the 
Scoole  at  the  Scoole  house  for  the  year  foloing  and  to  begin  the 
9th  of  Eaprill  1679,  and  to  teach  both  Lattin  and  inglish  Scol- 


REPRESENTATIVE   TOWN   RECORDS  245 

lurs,  so  many  as  shall  Be  sent  unto  him  from  the  in  habitants 
once  a  week  to  teach  them  thear  catticise  :  only  in  the  munths 
of  may,  June,  July  and  august  he  is  to  teach  only  lattin  scollurs 
and  writturs  and  them  at  his  owne  house  and  thear  to  afford 
them  all  needfull  help,  and  the  other  8  munths  at  the  scoole- 
house  both  lattin  and  inglish  scollurs,  for  which  the  select  men 
agree  that  he  shall  have  twenty  pounds  out  of  the  town  Reat 
to  be  mead  for  the  yeare  1679,  and  the  town  at  the  Jenarall 
town  metting  to  meak  thear  anuall  Choyse  for  time  to  cum  : 
this  agreement  Consented  unto  by  Mr  Richard  norcros  as  wit- 
nis  his  hand. 


XIV.     MASSACHUSETTS   AND   PERSECUTION 

As  long  as  she  was  permitted  to  do  so,  Massachusetts  secured  religious 
uniformity  by  expelling  or  persecuting  intruders  who  dissented  from  the 
established  order.  This  was  the  practice  and  theory  of  all  states  in  that 
day  except  Holland.  Some  individuals  had  advanced  further,  however, 
both  in  England  and  America  (cf.  American  History  and  Government, 
§  84,  close,  for  illustrations)  ;  and  religious  freedom  was  the  fundamental 
principle  in  the  Rhode  Island  "  experiment  "  (No.  90,  below). 

84.  Puritan  Arguments  for  and  against  Persecution 

a    The  Simple,  Cobbler  of  AQawcuYYi,  1647 

Nathaniel  Ward,  minister  of  Ipswich  (Agawam),  was  one  of  the  few 
of  the  Massachusetts  clergy  with  democratic  leanings.  He  had  been 
helpful  in  drafting  the  democratic  Body  of  Liberties  (No.  78).  But 
like  that  other  democratic  minister,  Thomas  Hooker  (No.  93),  Ward  was 
a  strict  theocrat.  His  Simple  Cobbler  of  Aggawamm  was  published  in 
London  in  1647. 

.  .  .  FIRST,  such  as  have  given  or  taken  any  unfriendly 
reports  of  us  New-English,  should  doe  well  to  recollect  them 
selves.  Wee  have  beene  reputed  a  Colluvies  of  wild  Opinion- 
ists,  swarmed  into  a  remote  wildernes  to  find  elbow-roome  for 
our  phanatick  Doctrines  and  practises :  I  trust  our  diligence 
past,  and  constant  sedulity  against  such  persons  and  courses, 
will  plead  better  things  for  us.  I  dare  take  upon  me,  to  bee 
the  Herauld  of  New-England  so  farre,  as  to  proclaime  to  the 
.world,  in  the  name  of  our  Colony,  that  all  Familists,  Antino- 
mians,  Anabaptists,  and  other  Enthusiasts  shall  have  free 
Liberty  to  Jceepe  away  from  us,  and  such  as  will  come  to  be  gone 
as  fast  as  they  can,  the  sooner  the  better. 

Secondly,  I  dare  averre,  that  God  doth  no  where  in  his  word 
tolerate  Christian  States  to  give  Tolerations  to  such  adversaries 

246 


NATHANIEL  WARD  247 

of  his  Truth,  if  they  have  power  in  their  hands  to  suppresse 
them.  .  .  . 

Not  to  tolerate  things  meerly  indifferent  to  weak  consciences, 
argues  a  conscience  too  strong :  pressed  uniformity  in  these, 
causes  much  disunity :  To  tolerate  more  then  indifferents,  is  not 
to  deale  indifferently  with  God :  He  that  doth  it,  takes  his 
Scepter  out  of  his  hand,  and  bids  him  stand  by.  ... 

Concerning  Tolerations  I  may  further  assert. 

That  Persecution  of  true  Religion,  and  Toleration  of  false, 
are  the  Jdnnes  and  Jambres  to  the  Kingdome  of  Christ, 
whereof  the  last  is  farre  the  worst.  .  .  . 

Frederick  Duke  of  Saxon,  spake  not  one  foote  beyond  the 
mark  when  he  said.  He  had  rather  the  Earth  should  swallow 
him  up  quick,  then  he  should  give  a  toleration  %to  any  opinion 
against  any  truth  of  God. 

He  that  is  willing  to  tolerate  any  Religion,  or  discrepant  way 
of  Religion,  besides  his  own,  unlesse  it  be  in  matters  meerly 
indifferent,  either  doubts  of  his  own,  or  is  not  sincere  in  it. 

He  that  is  willing  to  tolerate  any  unsound  Opinion,  that  his 
own  may  also  be  tolerated,  though  never  so  sound,  will  for  a 
need  hang  Gods  Bible  at  the  Devills  girdle. 

Every  Toleration  of  false  Religions  or  Opinions  hath  as  many 
Errours  and  sins  in  it  as  all  the  false  Religions  and  Opinions  it 
tolerats,  and  one  sound  one  more. 

That  State  that  will  give  Liberty  of  Conscience  in  matters  of 
Religion,  must  give  Liberty  of  Conscience  and  Conversation  in 
their  Moral  1  Laws,  or  else  the  Fiddle  will  be  out  of  tune,  and 
some  of  the  strings  crack. 

Experience  will  teach  Churches  and  Christians,  that  it  is  farre 
better  to  live  in  a  State  united,  though  a  little  Corrupt,  then  in  a 
State,  whereof  some  Part  is  incorrupt,  and  all  the  rest  divided. 

.  .  .  There  is  talk  of  an  universall  Toleration.  I  would  talke 
as  loud  as  I  could  against  it,  did  I  know  what  more  apt  and 
reasonable  Sacrifice  England  could  offer  to  God  for  his  late 
performing  all  his  heavenly  Truths  then  an  universall  Tolera 
tion  of  all  hellish  Errors,  or  how  they  shall  make  an  universall 


248  MASSACHUSETTS  AND  PERSECUTION 

Reformation,  but  by  making  Christs  Academy  the  Divills 
University,  where  any  man  may  commence  [graduate]  Heretique 
per  saltum;  where  he  that  is  Jilius  Diabolicus.  or  simpliciter 
pessimus,  may  have  his  grace  to  goe  to  Hell  cum  Publico 
Privilegio ;  and  carry  as  many  after  him,  as  he  can.  .  .  . 

It  is  said,  Though  a  man  have  light  enough  himselfe  to  see 
the  Truth,  yet  if  he  hath  not  enough  to  enlighten  others,  he  is 
bound  to  tolerate  them,  I  will  engage  my  self,  that  all  the 
Devills  in  Britanie  shall  sell  themselves  to  their  shirts,  to  pur 
chase  a  Lease  of  this  Position  for  three  of  their  Lives,  under 
the  Seale  of  the  Parliament. 

It  is  said,  That  Men  ought  to  have  Liberty  of  their  Conscience, 
and  that  it  is  persecution  to  debarre  them  of  it :  I  can  rather 
stand  amazed  then  reply  to  this :  it  is  an  astonishment  to 
think  that  the  braines  of  men  should  be  parboyl'd  in  such  im 
pious  ignorance ;  Let  all  the  wits  under  the  Heavens  lay  their 
heads  together  and  finde  an  Assertion  worse  then  this  (one 
excepted)  I  will  petition  to  be  chosen  the  universall  Jdeot  of 
the  world.  .  .  . 

The  true  English  of  all  this  their  false  Latine  is  nothing  but 
a  generall  Toleration  of  all  Opinions.  .  .  . 

b.  From  tJw   Wonder-working  Providence   of  Sions  Sa 
viour  in  New  England  (Boole  III,  Chapter  F) 

This  quaint  history  was  printed  in  London  in  1654,  anonymously. 
The  original  manuscript  has  never  been  discovered.  Tradition  ascribes 
the  authorship  to  Captain  Edward  Johnson,  one  of  the  companions  of 
Winthrop  in  the  migration  of  1630. 

.  .  .  and  in  the  year  1648  they  [the  laws]  were  printed, 
and  now  are  to  be  seen  of  all  men,  to  the  end  that  none  may 
plead  ignorance,  and  that  all  who  intend  to  transport  them 
selves  hither,  may  know  this  is  no  place  of  licentious  liberty, 
nor  will  this  people  suffer  any  to  trample  down  this  Vineyard 
of  the  Lord,  but  with  diligent  execution  will  cut  off  from  the 
city  of  the  Lord  the  wicked  doers,  and  if  any  man  can  shew 
wherein  any  of  them  derogate  from  the  Word  of  God,  very 


SALTONSTALL  AND  COTTON  249 

willingly  will  they  accept  thereof,  and  amend  their  imper 
fections  (the  Lord  assisting)  but  let  not  any  ill-affected  persons 
find  fault  with  them,  because  they  suit  not  with  their  own 
humour,  or  because  they  meddle  with  matters  of  Religion, 
for  it  is  no  wrong  to  any  man,  that  a  people  who  have  spent 
their  estates,  many  of  them,  and  ventured  their  lives  for  to 
keep  faith  and  a  pure  conscience,  to  use  all  means  that  the 
Word  of  God  allows  for  maintenance  and  continuance  of  the 
same,  especially  [when]  they  have  taken  up  a  desolate  Wilderness 
to  be  their  habitation,  and  not  deluded  any  by  keeping  their 
profession  in  huggermug,  but  print  and  proclaim  to  all  the  way 
and  course  they  intend,  God  willing,  to  walk  in ;  [and]  if  any 
will  yet  notwithstanding  seek  to  justle  them  out  of  their  own 
right,  let  them  not  wonder  if  they  meet  with  all  the  opposition 
a  people  put  to  their  greatest  straits  can  make ;  .  .  .  but  .  .  . 
it  seems  unreasonable,  and  savours  too  much  of  hypocricie, 
that  any  people  should  pray  unto  the  Lord  for  the  speedy 
accomplishment  of  his  Word  in  the  overthrow  of  Antichrist, 
and  in  the  mean  time  become  a  Patron  to  sinful  opinions  and 
damnable  errors  that  oppose  the  truths  of  Christ.  .  .  . 

c.  Discussion  between  Saltonstall  and  Cotton  (about 
1650} 

Hutchinson's  Collection  of  Original  Papers  (1769),  401-406. 

Saltonstall  was  the  chief  founder  of  Watertown,  and  one  of  the  signers 
of  the  Cambridge  Agreement  (No.  58  &).  Like  his  town,  he  was  inclined 
to  democracy  in  politics  and  to  "  Separation  "  in  religion.  This  letter 
to  the  Boston  pastors  was  written  from  England  (to  which  he  had  re 
turned  in  1631)  about  1650.  Both  letters  are  without  dates. 

(1)    Sir  Richard  Saltonstall  to  Mr.  Cotton  and  Mr.  Wilson 

Reverend  and  deare  friends,  whom  I  unfaynedly  love  and 
respect : 

It  doth  not  a  little  grieve  my  spirit  to  heare  what  sadd 
things  are  reported  dayly  of  your  tyranny  and  presecutions  in 
New-England,  —  as  that  you  fyne,  whip,  and  imprison  men  for  their 


250  MASSACHUSETTS  AND   PERSECUTION 

consciences.  First,  you  compell  such  to  come  into  your  assem 
bly  es  as  you  know  will  not  joyne  with  you  in  your  worship,  and 
when  they  shew  their  dislike  thereof  or  vvitnes  against  it, 
then  yon  styrre  up  your  magistrates  to  punish  them  for  such 
(as  you  conceyvc)  their  publicke  affronts.  Truely,  friends, 
this  your  practice  of  compelling  any  in  matters  of  worship  to 
doe  that  whereof  they  are  not  fully  persuaded,  is  to  make 
them  sin ;  for  soe  the  apostle  (Rom.  14  and  23.)  tells  us ;  and 
many  are  made  hypocrites  thereby,  conforming  in  their  outward 
man  for  feare  of  punishment.  We  pray  for  you  and  wish  you 
prosperitie  every  way,  [and]  hoped  the  Lord  would  have  given 
you  so  much  light  and  love  there  that  you  might  have  been 
eyes  to  God's  people  here,  and  not  to  practice  those  courses  in 
a  wildernes  which  you  went  so  farre  to  prevent.  These  rigid 
wayes  have  layed  you  very  lowe  in  the  hearts  of  the  saynts. 
I  doe  assure  you  I  have  heard  them  pray  in  the  publique 
assemblies  that  the  Lord  would  give  you  meeke  and  humble 
spirits,  not  to  stryve  soe  much  for  uniformity  as  [instead]  to 
keepe  the  unity  of  the  spirit  in  the  bond  of  peace. 

When  I  was  in  Holland  about  the  beginning  of  our  warres, 
I  remember  some  Christians  there,  that  then  had  serious 
thoughts  of  planting  in  New-England,  desired  me  to  write  to 
the  governor  thereof  to  know  if  those  that  differ  from  you 
in  opinion,  yet  houlding  the  same  foundation  in  religion  (as 
Anabaptists,  Seekers,  Antinomians,  and  the  like),  might  be 
permitted  to  live  among  you  ;  to  which  I  received  this  short 
answer  from  your  then  governour  Mr.  Dudley;  God  forbid  (said 
he)  our  love  for  the  truth  should  be  growne  soe  could  that  we  should 
tolerate  errours:  and  when  (for  satisfaction  of  myself  and  others) 
I  desired  to  know  your  grounds,  he  referred  me  to  the  books 
written  here  between  the  Presbyterians  and  Independents  ;  — 
which  if  that  had  been  sufficient,  I  needed  not  have  sent  soe 
farre  to  understand  the  reasons  of  your  practice.  I  hope  you 
do  not  assume  to  yourselves  infallibilitie  of  judgment,  when 
the  most  learned  of  the  Apostles  confesseth  he  knew  but  in 
parte  and  sawe  but  darkely  as  through  a  glass  ;  for  God  is 


SALTONSTALL  AND  COTTON  251 

light,  and  no  further  than  he  doth  illuminate  us  can  we  see,  be 
our   partes  and  learning  never  soe  great.     Oh  that  all  those 
who  are  brethren,  though  yet  they  cannot  thinke  and  speake 
the  same  things  might  be  of  one  accord  in  the  Lord.     Now 
the    God   of   patience  and   consolation   grant  you  to  be  thus 
mynded   towards    one   another,    after   the    example  of   Jesus 
Christ  our  blessed  Savyor,  in  whose  everlasting  armes  of  pro 
tection  hee  leaves  you  who  will  never  leave  to  be 
Your  truly  and  much  affectionate 
friend  in  the  nearest  union, 

Kic.   SALTONSTALL. 

For  my  reverend  and  worthyly  much  esteemed  friends  Mr.  Cotton  and 
Mr.  Wilson,  preachers  to  the  church  which  is  at  Boston  in  New-England, 
give  this* 

(2)  Mr.  Cotton's  Answer  to  Sir  Richard  Saltonstall 

.  .  .  You  thinke  to  compell  all  men  in  matter  of  worship  is 
to  make  men  sinne  (according  to  Rom.  14.  23.).  If  the  worship 
be  lawfull  in  itselfe,  the  magistrate  compelling  him  to  come  to 
it  compelleth  him  not  to  sinne,  but  the  sinne  is  in  his  ivill  that 
needs  to  be  compelled  to  a  Christian  duty.  Josiah  compelled  all 
Israel,  or  (which  is  all  one)  made  to  serve  the  Lord  their  God, 
2  Chron.  34.  33.  yet  his  act  herein  was  not  blamed  but  recorded 
amongst  his  virtuous  actions.  For  a  governour  to  suffer  any 
within  his  gates  to  prophane  the  sabbath,  is  a  sinne  against  the 
4th  commandment,  both  in  the  private  householder  and  in  the 
magistrate ;  and  if  he  requires  them  to  present  themselves 
before  the  Lord,  the  magistrate  sinneth  not,  nor  doth  the 
subject  sinne  so  great  a  sinne  as  if  he  did  refraine  to  come.  .  .  . 

But  (say  you)  it  doth  but  make  men  hypocrites  to  compell 
men  to  conforme  the  outward  man  for  feare  of  punishment. 
If  it  did  so,  yet  better  to  be  hypocrites  than  prophane  persons. 
Hypocrites  give  God  part  of  his  due,  the  outward  man,  but  the 
prophane  person  giveth  God  neither  outward  nor  inward 
man.  .  .  . 

What  you  wrote  out  of  Holland  to  our  then  governor  Mr. 


252          MASSACHUSETTS  AND  PERSECUTION 

Dudley,  in  behalfe  of  Anabaptists,  Antinomians,  Seekers,  and 
the  like,  it  seemeth,  mett  with  a  short  answer  from  him,  but 
zealous ;  for  zeal  will  not  beare  such  mixtures  as  coldnesse  or 
lukewarmenesse  will,  Revel.  2.  2.  14.  15.  20. 

85.    Criticism  by  a  Moderate  Episcopalian  and  Monarchist 

Lechford's  "  Plaine  Dealing  "  (1641),  reprinted  in  Massachusetts  His 
torical  Society  Collections,  Third  Series,  III,  55  ff. 

Thomas  Lechford  was  in  New  England  from  1637  to  1641.  His  point 
of  view  is  not  seriously  unfriendly. 

.  .  .  And  I  doe  not  this,  God  knoweth,  as  delighting  to  lay 
open  the  infirmities  of  these  well -affected  men,  many  of  them 
my  friends,  —  but  that  it  is  necessary,  at  this  time,  for  the  whole 
Church  of  God,  and  themselves,  as  I  take  it.  Besides,  many  of 
the  things  are  not  infirmities,  but  such  as  I  am  bound  to  protest 
against ;  yet  I  acknowledge  there  are  some  wise  men  among 
them  who  would  help  to  mend  things,  if  they  were  able.  .  .  . 
And  I  think  that  wiser  men  then  they,  going  into  a  wildernesse 
to  set  up  another  strange  government  differing  from  the  settled 
government  here,  might  have  falne  into  greater  errors  then 
they  have  done. 


[After  describing  the  method  of  organizing  a  church.]  And 
the  generall  Court  will  not  allow  of  any  Church  otherwise 
gathered. 

Some  Ministers  have  there  heretofore,  as  I  have  heard,  dis 
claimed  the  power  of  their  Ministry,  received  in  England,  but 
others  among  them  have  not.  Generally,  for  the  most  part, 
they  hold  the  Pastors  and  Teachers  offices  to  be  distinct ;  the 
Teacher  to  minister  a  word  of  knowledg,  the  Pastor  a  word  of 
wisdome,  but  some  hold  them  all  one ;  as  in  the  Church  of  Water- 
towne,  there  are  two  Pastors,  neither  will  that  Church  send 
any  messengers  to  any  other  Church-gathering  or  ordination.1 

1  The  Watertown  church  had  strong  Separatist  tendencies  (cf.  No.  64). 
Hence,  iu  part,  its  democratic  inclination. 


LECHFORD'S   "  PLAINE   DEALING"  253 

.  .  .  Now  the  most  of  the  persons  at  New-England  are  not 
admitted  of  their  Church,  and  therefore  are  not  Freemen,  and 
when  they  come  to  be  tryed  there,  be  it  for  life  or  limb,  name 
or  estate,  or  whatsoever,  they  must  bee  tryed  and  judged  too 
by  those  of  the  Church,  who  are  in  a  sort  their  adversaries : 
how  equall  that  hath  been  or  may  be,  some  by  experience  doe 
know,  others  may  judge. 

Profane  swearing,  drunkennesse,  and  beggers,  are  but  rare 
in  the  compasse  of  this  Patent,  through  the  circumspection  of 
the  Magistrates,  and  the  providence  of  God  hitherto,  the  poore 
there  living  by  their  labours  and  great  wages,  proportionably, 
better  then  the  rich  by  their  stocks,  which  without  exceeding 
great  care,  quickly  waste.  .  .  . 

But  the  people  begin  to  complain  [that]  they  are  ruled  like 
slaves,  and  in  short  time  shall  have  their  children  for  the  most 
part  remain  unbaptized :  and  so  have  little  more  privilege  than 
Heathens,  unlesse  the  discipline  be  amended.  .  .  . 

When  I  was  to  come  away,  one  of  the  chief est  in  the  Country 
wished  me  to  deliver  him  a  note  of  what  things  I  mi  si  iked  in  the 
Country,  which  I  did,  thus  : 

I  doubt, 

1.  Whether  so  much  time  should  be  spent  in  the  publique 
Ordinances,  on  the  Sabbath  day,  because  that  thereby  some 
necessary  duties  of  the  Sabbath  must  be  needs  be  hindered, 
as  visitation  of  the  sick,  and  poore,  and  family. 

2.  Whether  matters  of  offence  should  be  publiquely  handled, 
either  before  the  whole  Church,  or  strangers. 

3.  Whether  so  much  time  should   be  spent   in   particular 
catechizing  those  that  are  admitted  to  the  communion  of  the 
Church,  either  men  or  women ;  or  that  they  should  make  long 
speeches ;  or  when  they  come  publiquely  to  be  admitted,  any 
should  speak  contradictorily,  or  in  recommendation  of  any, 
unlesse  before  the  Elders,  upon  just  occasion. 

4.  Whether  the  censures  of  the  Church  should  be  ordered, 
in  publique,  before  all  the  Church,  or  strangers,  other  then  the 
denunciation  of  the  censures,  and  pronunciation  of  the  solutions. 


254  MASSACHUSETTS  AND  PERSECUTION 

5.  Whether  any  of  our  Nation,  that  is  not  extremely  ig 
norant  or  scandalous,  should  bee  kept  from  the  Communion, 
or  his  children  from  Baptisme  .  .  . 

10.  That  the  civill  government  is  not  so  equally  adminis 
tered,  nor  can  be,  divers  orders  or  bylaws  considered. 

11.  That  unlesse  these  things  be  wisely  and  in  time  pre 
vented,  many  of  your  usefullest  men  will  remove  and  scatter 
from  you. 

Certain  Quaeres  about  Church  government,  planting  Churches, 
and  some  other  Experiments. 

******* 

32.  Whether  or  no  to  maintain  a  desired  purity  or  perfec 
tion  in  the  Magistracie,  by  election  of  the  people,  these  good 
men  of  New-England,  are  not  forced  to  be  too  strict  in  receiv 
ing  the  brethren,  and  to  run  a  course  tending  to  heathenisms  ? 

33.  Whether   have  not  popular  elections   of   chiefe   Magis 
trates  beene,  and  are  they  not,  very  dangerous  to  States  and 
Kingdomes  ?      Are  there  not  some  great   mysteries  of   State 
and  government  ?     Is  it  possible,  convenient,  or  necessary,  for 
all  men  to  attain  to  the  knowledge  of  those  mysteries,  or  to 
have  the  like  measure  of  knowledge,  faith,  mercifulnesse,  wis- 
dome,  courage,  magnanimity,  patience  ?      Whence  are  Kings 
denominated,  but  from  their  skill  and   knowledge  to  rule  ? 
whereto  they  are  even  born  and  educated,  and  by  long  expe 
rience,  and  faithfull  Counsellors  enabled,  and  the  grace  and 
blessing  of  God  upon  all?     Doe  not  the  wise,  good,  ancient, 
and  renowned  Laws   of   England  attribute  much,   yea,  very 
much  trust  and  confidence  to  the  King,  as  to  the  head  and 
supreame  Governour,  though  much  be  also  in  the  rest  of  the 
great  body,  heart  and  hands,  and  feete,  to  counsell,  maintain, 
and  preserve  the  whole,  but  especially  the  Head  ? 

34.  Hence  what  government  for  an  Englishman  but  an  he 
reditary,  successive*  King,  the  son  of  Nobles,  well  counselled 
and  assisted  ? 


PRESBYTERIANS  AND  THE   FRANCHISE         255 

I  thank  God,  now  I  understand  by  experience,  that  there  is 
no  such  government  for  Englishmen,  or  any  Nation,  as  a 
Monarchy ;  nor  for  Christians,  as  by  a  lawfull  Ministrie,  un 
der  godly  Diocesan  Bishops.  .  .  . 

86.    A  Presbyterian  Demand  for  the  Franchise,   1646 

Hutchinson's  Collection  of  Original  Papers  ("1769),  188-194.  Less  than 
half  the  document  is  given  here. 

To  the  worshipful  the  Governor,  the  Deputy  Governor,  and 
the  rest  of  the  Assistants  of  the  Massachusets  Bay  in  New- 
England,  together  with  the  Deputyes  of  the  Generall  Court 
now  assembled  at  Boston. 

The  Remonstrance  and  humble  Petition  of  us  whose  names 
are  underwritten,  in  behalfe  of  ourselves  and  divers  others 
within  this  jurisdiction,  humbly  sheweth. 

THAT  we  cannot  but  with  all  thankfulness  acknowledge  your 
indefategable  paines,  continuall  care,  and  constant  vigilancy, 
which,  by  the  blessing  of  the  Almighty,  hath  procured  unto 
this  wilderness  the  much  desired  fruits  of  peace  and  plenty  .  .  . 
And  further,  that  you  whom  the  Lord  hath  placed  at  the 
helm  .  .  .  are  best  able  to  foresee  the  clouds  which  hang 
over  our  heads  .  .  .  Notwithstanding,  those  who  are  under  decks 
.  .  .  may  perceive  those  leaks  which  ivill  inevitably  sink  this  weake 
and  ill  compacted  vessell,  if  riot  by  your  wisdoms  prevented  .  .  . 
Not  to  trouble  you  .  .  .  with  many  words,  we  shall  briefly 
referre  them  to  their  heads  .  .  . 

1.  Whereas  this  place  hath  been  planted  by  the  incourage- 
ment,  next  under  God,  of  letters  patents  given  and  granted 
by  his  Majesty  of  England  to  the  inhabitants  thereof,  with 
many  privileges  and  immunities,  viz.,  .  .  .  Notwithstanding,  we 
cannot,  according  to  our  judgments,  discerne  a  setled  forme 
of  government  according  to  the  lawes  of  England,  which  may 
seeme  strange  to  our  countrymen,  yea  to  the  whole  world, 
especially  considering  we  are  English.  Neither  do  we  under 
stand  and  percey  ve  our  owne  lawes  or  libertyes,  or  any  body  of 


256  MASSACHUSETTS  AND   PERSECUTION 

lawes  here  so  established,  as  that  thereby  there  may  be  a  sure 
and  comfortable  enjoyment  of  our  lives,  libertyes,  and  estates, 
according  to  our  due  and  naturall  rights,  as  free  borne  subjects 
of  the  English  nation.  By  which,  many  inconveniences  flow 
into  plantations,  Viz.  jealousies  of  introducing  arbitrary  govern 
ment,  which  maniiy  are  prone  to  beleeve,  construing  the  pro 
crastination  of  such  setled  lawes  to  proceed  from  an  overgreedy 
spirit  of  arbitrary  power  (which  it  may  be  is  their  weaknes) 
such  proceedings  being  detestable  to  our  English  nation,  and 
to  all  good  men,  and  at  present  the  chief  cause  of  the  intes 
tine  warre  in  our  deare  country.1  Further,  it  gives  cause  to 
many  to  thinke  themselves  hardly  dealt  with,  others  too  much 
favored,  and  the  scale  of  justice  too  much  bowed  and  unequally 
balanced.  From  whence  also  proceedeth  feares  and  jealousies 
of  illegall  committments,  unjust  imprisonments,  taxes,  rates, 
customes,  levyes  of  ungrounded  and  undoing  assessments, 
unjustifiable  presses,  undue  fynes,  unmeasurable  expences  and 
charges,  of  unconceyvable  dangers  through  a  negative  or 
destructive  vote  unduly  placed,  and  not  well  regulated,  —  in  a 
word,  of  a  non-certainty  of  all  things  we  enjoy,  whether  lives, 
liberties,  or  estate;  and  also  of  undue  oaths,  being  subject  to 
exposition,  according  to  the  will  of  him  or  them  that  gives 
them,  and  not  according  to  a  due  and  unbowed  rule  of  law  .  .  . 

Wherefore  our  humble  desire  and  request  is,  that  you  would 
be  pleased  to  consider  of  our  present  condition  and  upon  what 
foundation  we  stand,  and  unanimously  concurr  to  establish  the 
fundamentall  and  wholesome  lawes  of  our  native  country,  and 
such  others  as  are  no  wayes  repugnant  to  them,  unto  which  all 
of  us  are  most  accustomed ;  and  we  suppose  them  best  agree 
able  to  our  English  tempers,  and  yourselves  obliged  thereunto 
by  the  generall  charter  and  your  oathes  of  allegiance.  .  .  . 

2.  Wliereas  there  are  many  thousands  in  these  plantations,  of 
the  English  nation,  freeborne,  quiett  and  peaceable  men,  righteous 
in  their  dealings,  forward  with  hand,  heart  and  purse,  to  advance 
the  publick  good,  know  tie  friends  to  the  honorable  and  victorious 

1  The  Civil  War  in  England  between  King  and  Parliament. 


PRESBYTERIANS  AND  THE  FRANCHISE         257 

Houses  of  Parliament,  lovers  of  their  nation,  etc.  who  are  debarred 
from  all  civill  imployments  (without  any  just  cause  that  we 
know)  not  being  permitted  to  bear  the  least  office  (though  it 
cannot  be  denied  but  some  are  well  qualifyed)  no  not  so  much 
as  to  have  any  vote  in  choosing  magistrates,  captains  or  other 
civill  and  military  officers ;  notwithstanding  they  have  here 
expended  their  youth,  borne  the  burthen  of  the  day,  wasted 
much  of  their  estates  for  the  subsistence  of  these  poore 
plantations,  paid  all  assessments,  taxes,  rates,  at  least  equall, 
if  not  exceeding  others,  yea  when  the  late  warre  was  denounced 
against  the  Narrowganset  Indians,  without  their  consent,  their 
goods  were  seized  on  for  the  service,  themselves  and  servants 
especially  forced  and  impressed  to  serve  in  that  warre,  to  the 
hazarding  of  all  things  most  dear  and  near  unto  them,  whence 
issue  forth  many  great  inconveniences,  secret  discontents, 
murmurings,  rents  in  the  plantations,  discouragements  in 
their  callings,  unsettlednes  in  their  minds,  strife,  contention, 
and  the  Lord  only  knows  to  what  a  flame  in  time  it  may 
kindle ;  also  jealousies  of  too  much  unwarranted  power  and 
dominion  on  the  one  side,  and  of  perpetual  slavry  and  bondage 
on  the  other,  and,  which  is  intollerable,  even  by  those  who 
ought  to  love  and  respect  them  as  brethren. 

We  therefore  desire  that  civill  liberty  and  freedom  be  forthwith 
granted  to  all  truely  English,  equall  to  the  rest  of  their  countrymen, 
as  in  all  plantations  is  accustomed  to  be  done,  and  as  all  freeborne 
enjoy  in  our  native  country  (we  hoping  here  in  some  things  to 
enjoy  greater  liberties  than  elsewhere,  counting  it  no  small  losse 
of  liberty  to  be  as  it  were  banished  fro'm  our  native  home,  and 
enforced  to  lay  our  bones  in  a  strange  wildernes)  without  im 
posing  any  oathes  or  covenant  on  them,  .  .  .  Further,  that 
none  of  the  English  nation,  who  at  this  time  are  too  forward  to 
be  gone,  and  very  backward  to  come  hither,  be  banished,  unles 
they  break  the  known  lawes  of  England  in  so  high  a  measure, 
as  to  deserve  so  high  a  punishment ;  and  that  those  few  that 
come  over  may  settle  here  without  having  two  magistrates 
hands,  which  sometimes  not  being  possible  to  obtain,  hath  pro- 


258  MASSACHUSETTS  AND  PERSECUTION 

cured  a  kind  of  banishment  to  some,  who  might  have  been  serv 
iceable  to  this  place,  as  they  have  been  to  the  state  of  England, 
etc.  And  we  likewise  desire  that  no  greater  punishments  be 
inflicted  upon  offenders  than  are  allowed  and  sett  by  the  laws 
of  our  native  country. 

3.  Whereas  there  are  diverse  sober,  righteous  and  godly  men, 
eminent  for  knowledge  and  other  gracious  gifts  of  the  holy 
spirit,  no  wayes  scandalous  in  their  lives  and  conversation,  mem 
bers  of  the  church  of  England  (in  all  ages  famous  for  piety  and 
learning)  not  dissenting  from  the  latest  and  best  reformation 
of  England,  Scotland,  etc.  yet  they  and  their  posterity  are  de- 
teined  from  the  scales  of  the  covenant  of  free  grace,  because, 
as  it  is  supposed,  they  will  not  take  these  churches  covenants, 
for  which  as  yet  they  see  no  light  in  Gods  word ;  neither  can 
they  clearly  perceive  what  they  are,  every  church  having  their 
covenant  differing  from  anothers,  at  least  in  words.  .  .  . 

We  therefore  humbly  intreat  you,  in  whose  hands  it  is  to 
help  and  whose  judicious  eyes  discern  these  great  inconven 
iences,  for  the  glory  of  God  and  the  comfort  of  your  brethren 
and  countrymen,  to  give  liberty  to  the  members  of  the  church 
of  England,  not  scandalous  in  their  lives  and  conversations 
(as  members  of  these  churches)  to  be  taken  into  your  congrega 
tion  and  to  enjoy  with  you  all  those  liberties  and  ordinances 
Christ  hath  purchased  for  them.  .  .  . 1 

These  things  being  granted  ...  we  hope  to  see  the  now 
contemned  ordinances  of  God  highly  prized  ...  To  conclude, 
all  businesses  in  church  and  commonwealth  (which  for  many 
years  have  seemed  to  go  backward  .  .  .)  successfully  thriving 

Subscribed 
Robert  Child2  [and  six  others]. 

1  The  Church  of  England  at  this  time  was  Presbyterian. 

2  In  the  reply  of  the  General  Court,  Dr.  Child  is  referred  to  as  "  a  Paduan 
Doctor  (as  he  is  reputed),  lately  come  into  the  country,  who  hath  not  so  much 
as  tastel  of  their  grievances,  nor  like  to  doe,  being  a  bachelor  and  only  a  so- 
journer,  who  never  payd  a  penny  to  any  publick  charge,  though  (of  his  owne 
good  will)  he  hath  done  something  for  publick  use." 


COMPULSORY  CHURCH  ATTENDANCE  259 

87.   Punishment  for  not  Attending  "Approved"  Churches,  1666 

Thomas  Hutchinson's  Collection  of  Original  Papers  (1769),  399-400. 
Hutchinson  adds  in  a  note  that  the  three  persons  here  condemned  were 
Baptists  who  were  trying  to  set  up  a  church  in  Boston. 

At  a  county  court  held  at  Cambridge,  on  adjournment, 
Aprill  17.  1666. 

THOMAS  GOOLD,  Thomas  Osburne  and  John  George  being 
presented  by  the  grand  jury  of  this  county  for  absenting 
themselves  from  the  publick  worship  of  God  on  the  Lords 
dayes  for  one  whole  yeare  now  past,  alledged  respectively 
as  followeth,  viz. 

Thomas  Osburne  answered,  that  the  reason  of  his  non- 
attendance  was,  that  the  Lord  hath  discovered  unto  him  from 
his  word  and  spirit  of  truth  that  the  society,  wherewith  he 
is  now  in  communion,  is  more  agreeable  to  the  will  of  God : 
asserted  that  they  were  a  church  and  attended  the  worship 
of  God  together,  and  do  judge  themselves  bound  so  to  do,  the 
ground  whereof  he  said  he  gave  in  the  general  court. 

Thomas  Goold  answered,  that  as  for  coming  to  publique 
worship  they  did  meet  in  publique  worship  according  to  the 
rule  of  Christ,  the  grounds  whereof  they  had  given  to  the 
court  of  assistants :  asserted  that  they  were  a  publique  meet 
ing,  according  to  the  order  of  Christ  Jesus  gathered  together. 

John  George  answered,  that  he  did  attend  the  publique 
meetings  on  the  Lord's  dayes  where  he  was  a  member  ;  as 
serted  that  they  were  a  church  according  to  the  order  of  Christ 
in  the  gospell,  and  with  them  he  walked  and  held  communion 
in  the  publique  worship  of  God  on  the  Lord's  dayes. 

Whereas  at  the  general  court  in  October  last,  and  at  the 
court  of  assistants  in  September  last  endeavours  were  used 
for  their  conviction  [and  that]  the  order  of  the  generall  court 
declaring  the  said  Goold  and  company  to  be  no  orderly  church 
assembly  and  that  they  stand  convicted  of  high  presumption 
against  the  Lord  and  his  holy  appoyntments  was  openly  read 
to  them  and  is  on  file  with  the  records  of  this  court :  — 


260  MASSACHUSETTS  AND   PERSECUTION 

The  court  sentenced  the  said  Thomas  Goold;  Thomas  Osburne, 
and  John  George,  for  their  absenting  themselves  from  the 
publique  worship  of  God  on  the  Lords  dayes,  to  pay  foure 
pounds  fine,  each  of  them,  to  the  county  order.  And  whereas 
by  their  owne  confessions  they  stand  convicted  of  persisting 
in  their  schismaticall  assembling  themselves  together,  to  the 
great  dishonour  of  God  and  our  profession  of  his  holy  name, 
contrary  to  the  act  of  the  generall  court  of  October  last 
prohibiting  them  therein  on  penalty  of  imprisonment,  this 
court  doth  order  their  giving  bond  respectively  in  201.  each 
of  them,  for  their  appearance  to  answer  their  contempt  at  the 
next  court  of  assistants. 

The  abovenamed  Thomas  Goold,  John  George,  and  Thomas 
Osburne  made  their  appeale  to  the  next  court  of  assistants, 
and  refusing  to  put  in  security  according  to  law  were  com 
mitted  to  prison. 

88.  Quaker  Persecutions 

a.    Edward  Burrowgh's  Appeal  to  Charles  II 

Edward  Burrough's  Declaration  of  the  Sad  and  Great  Persecution 
and  Martyrdom  of  Quakers  in  New  England  (London,  1660),  17-20. 
All  italics  in  this  extract  are  in  the  original. 

,f .  .  2.  TWELVE  Strangers  in  that  Country,  but  free-born 
of  this  Nation,  receibetf  ttoentg  tfjree  TOfjtpptngs,  the  most  of 
them  being  with  a  Whip  of  three  Cords,  with  Knots  at  the  ends, 
and  laid  on  with  as  much  strength  as  they  could  be  by  the 
Arm  of  their  Executioner,  the  stripes  amounting  to  Tliree 
hundred  and  seventy. 

3.  Eighteen  Inhabitants  of  the  Country,   being   free-born 
English,  received  ttoentg  tfjree  ftJKfjtppinjgs,  the  stripes  amounting 
to  ttoa  fjuntireti  an&  fiftg. 

4.  Sixty  four  Imprisonments  of  the  Lords  People,  for  their 
obedience  to  his  Will,  amounting  to  JHfoe  fjunlireli  antJ  nineteen 
rueeks,  much  of  it  being  very  cold  weather,  and  the  Inhabitants 
kept  in  Prison  in  harvest  time,  which  was  very  much  to  their 


QUAKER  PERSECUTIONS  261 

losse ;  besides  many  more  Imprisoned,  of  which  time  we  can 
not  give  a  just  account. 

5.  Two  beaten  with  Jiitdjeti  3£apes,  the  blows  amounting  to 
an  fjunferet)  tfjtrtg  nine,  by  which  one  of  them  was  brought  near 
unto  death,  much  of  his  body  being  beat  like  unto  a  jellu,  and 
one  of  their  own  Doctors,  a  Member  of  their  Church,  who  saw 
him,  said,  It  would  be  a  Miracle  if  ever  he  recovered,  lie  expecting 
the  flesh  should  rot  off  the  bones;  who  afterwards  was  banished 
upon  pain  of  death.     There  are  many  Witnesses  of  this  there. 

6.  Also,  an  Innocent  man,  an  Inhabitant  of  Boston,  they 
bamsfjetJ  from  his  Wife  and  Children,  and  put  to  seek  a  hab 
itation  in  the  Winter ;  and  in  case  he  returned  again,  he  was 
to  be  kept  Prisoner  during  his  life :   and  for  returning  again, 
he  was  put  in  Prison,  and  hath  been  now  a  Prisoner  above  a 
year. 

7.  Twenty  five  Banishments,  upon  the  penalties  of  being 
fofypt,  or  having  tjjeir  3Sars  cut ;  or  brantietj  in  tlje  J^antJ,  if  they 
returned. 

8.  Fines  laid  upon  the  Inhabitants  for  meeting  together, 
and  edifying  one  another,   as  the  Saints  ever  did ;   and  for 
refusing    ta   Stoear,    it   being   contrary   to   Christ's    Command, 
amounting  to  about  a  SEfjousantJ  pounb,  besides  what  they  have 
done  since,  that  we  have  not  heard  of;  many  Families,   in 
which  there  are  many  Children,  are  almost  ruined,  by  these 
unmerciful  proceedings. 

9.  Five  kept  Fifteen  dayes  (in  all)  without  food,  and  Fifty 
eight  dayes  shut  up  close  by  the  Jaylor,  and  had  none  that  he 
knew  of ;  and  from  some  of  them  he  stopt  up  the  windows, 
hindring  them  from  convenient  air. 

10.  One  laid  Keck  antJ  J^eels  in  Irons  for  sixteen  hours. 

11.  One  frerjj  toeeplg  burnt  in  the  right  hand  with  the  letter  H. 
after  he  had  been  whipt  with  above  Thirty  stripes. 

12.  One  chained  the  most  part  of  Twenty  dayes  to  a  Logg 
of  wood  in  an  open  Prison  in  the  Winter-time. 

13.  Five  Appeals  to  England,  denied  at  Boston. 

14.  Three  fjali  tfjeir  rujfyt  ISars  cut  Im  tfje  f^angman  in  tfje 


262  MASSACHUSETTS  AND   PERSECUTION 


,  the  Door  being  barred,  and  not  a  Friend  suffered  to  be 
present  while  it  was  doing,  though  some  much  desired  it. 

15.  One  of  the  Inhabitants  of  Salem,  who  since  is  banished 
upon  pain  of  Death,  had  one  half  of  his  House  and  Land  seized 
on  while  he  ivas  in  Prison,  a  month  before  he  knew  of  it. 

16.  At   a  General  Court  in  Boston,  they  made  an  Order, 
&fjat  tljose  tofjo  fjati  not  fofjercfottfyal  to  ansluer  tfje  jfrncs  trjat  lucre 
laft  upon  trjem  (for  their  Consciences)  srjotilti  foe  soft  for  33onti= 
men,  anti  Bont^toomen  to  Barbados,  Virginia,  or  ang  of  tije  English 
plantations. 

17.  Eighteen   of  the  people  of  God  were  at  several  times 
banished  upon  pain  of  Qeatfj,  six  of  them  were  their  own  In 
habitants,   two   of  which  being  very  aged  people,  and  well 
known  among  their  Neighbours  to  be  of  honest  Conversations, 
being  Banished  from  their  Houses  and  Families,  and  put  upon 
Travelling  and  other  hardships,  soon  ended  their  dayes  ;  whose 
Death  we  can  do  no  lesse  than  charge  upon  the  Rulers  of 
Boston,  they  being  the  occasion  of  it. 

18.  Also   three    of   the    Servants   of  the  Lord  tfjeg  put  to 
©eatfj,  all  of  them  for  obedience  to  the  Truth,  in  the  Testimony 
of  it  against  the  wicked  Rulers  and  Laws  at  Boston. 

19.  And  since  they  have  banished  four  more,  upon  pain  of 
Death;   and  twenty  four  of  the  Inhabitants  of  Salem   were 
presented,  and  more  Fines  called  for,  and  their  Goods  seized 
on,  to  the  value  of  Forty  pounds,  for  meeting  together  in  the 
fear  of  God,  and  some  for  refusing  to  swear. 

These  things  (0  King)  from  time  to  time  have  we  patiently 
suffered,  and  not  for  the  trangression  of  any  Just  or  Righteous 
Law,  either  pertaining  to  the  Worship  of  God,  or  the  Civil 
Government  of  England,  but  simply  and  barely  for  our  Con 
sciences  to  God,  of  which  we  can  more  at  large  give  Thee 
(or  whom  thou  mayest  order)  a  full  Account  (if  Thou  wilt  let 
us  have  admission  to  Thee,  who  are  Banished  upon  pain  of 
Death,  and  have  had  our  Ears  cut,  who  are,  some  of  us,  in 
England  attending  upon  Thee)  both  of  the  Causes  of  our 
Sufferings,  and  the  Manner  of  their  disorderly  and  illegal  Pro- 


QUAKER  PERSECUTION  263 

ceeding  against  us  ;  who  begun  fotU)  Emtmfoejjtjj,  went  on  m 
Jnrjumamtg  and  &rueltg,  and  were  not  satisfied  until  trjerj  tab 
ttje  Blooti  of  trjree  of  trje  fEartgrs  of  JESUS :  Revenge  for  all 
which  we  do  not  seek,  but  lay  them  before  Thee,  considering 
Thou  hast  been  well  acquainted  with  Sufferings,  and  so  mayest 
the  better  consider  them  that  suffer,  and  mayest  for  the  future 
restrain  the  Violence  of  these  Rulers  of  New-England,  having 
Power  in  Thy  hands  ;  they  being  but  the  Children  of  the 
Family,  of  which  Thou  art  Chief  Ruler ;  Who  have  in  divers 
of  their  Proceedings  forfeiteo  trjeir  Patent;  as  upon  a  strict 
Inquiry  in  many  particulars  will  appear. 

And  this,  0  King,  we  are  assured  of,  that  in  time  to  come  it 
will  not  repent  Thee,  if  by  a  Close  Rebuke  Thou  stoppest  the 
BlootJg  Proceedings  of  these  Blootiu  Persecutors  ;  for  in  so  doing, 
Thou  wilt  engage  the  hearts  of  many  honest  People  unto 
Thee,  both  there  and  here ;  and  for  such  Works  of  Mercy,  the 
Blessing  is  obtained,  and  shewing  it,  is  the  way  to  prosper.  .  .  . 

b.  A  Quaker  Trial  at  Boston,  1661 1 

Joseph  Besse's  Collection  of  the  Sufferings  of  the  People  called  Quakers 
(1753),  II,  222-223.  Italics  as  in  the  original. 

AXNO  1661.  At  the  said  next  General-Court,  Wenlock  Chris- 
tison  was  again  brought  to  the  Bar. 

The  Governour  asked  him,  Wliat  he  had  to  say  for  himself,  why 
he  should  not  die  ? 

Wenlock.  I  have  done  nothing  worthy  of  Death ;  if  I  had, 
I  refuse  not  to  die. 

Governour.  Thou  art  come  in  among  us  in  Rebellion,  which  is 
as  the  Sin  of  Witchcraft,  and  ought  to  be  punished. 

Wenlock.  I  came  not  in  among  you  in  Rebellion,  but  in  Obe 
dience  to  the  God  of  Heaven ;  not  in  Contempt  to  any  of  you, 
but  in  Love  to  your  Souls  and  Bodies  ;  and  that  you  shall  know 
one  Day,  when  you  and  all  Men  must  give  an  Account  of  your 

1  This  document  belongs  chronologically  in  the  next  general  division  (CO, 
below  ;  hut  it  is  most  conveniently  presented  here. 


264  MASSACHUSETTS  AND  PERSECUTION 

Deeds  done  in  the  Body.     Take  heed,  for  you  cannot  escape 
the  righteous  Judgments  of  God. 

Major-General  Adderton.  You  pronounce  Woes  and  Judg 
ments,  and  those  that  are  gone  before  you  pronounced  Woes  and 
Judgments  ;  but  the  Judgments  of  the  Lord  God  are  not  come  upon 
us  yet. 

Wenlock.  Be  not  proud,  neither  let  your  Spirits  be  lifted  up  ; 
God  doth  but  wait  till  the  Measure  of  your  Iniquity  be  filled 
up,  and  that  you  have  seen  your  ungodly  Race,  then  will  the 
Wrath  of  God  come  upon  you  to  the  uttermost ;  And  as  for 
thy  part,  it  hangs  over  thy  Head,  and  is  near  to  be  poured 
down  upon  thee,  and  shall  come  as  a  Thief  in  the  Night  sud 
denly,  when  thou  thinkest  not  of  it.  By  what  Law  will  ye 
put  me  to  Death  ? 

Court.    We  have  a  Law,  and  by  our  Law  you  are  to  die. 

Wenlock.  So  said  the  Jews  of  Christ,  We  have  a  Law,  and 
by  our  Law  he  ought  to  die.  Who  empowered  you  to  make 
that  Law  ? 

Court.  We  have  a  Patent,  and  are  Patentees;  judge  whether 
we  have  not  Power  to  make  Laws? 

Wenlock.  How !  Have  you  Power  to  make  Laws  repugnant 
to  the  Laws  of  England? 

Governour.    Nay. 

Wenlock.  Then  you  are  gone  beyond  your  Bounds,  and  have 
forfeited  your  Patent,  and  this  is  more  than  you  can  answer. 
Are  you  Subjects  to  the  King,  yea,  or  nay  ? 

Secretary  Rawson.  What  will  you  infer  from  that  ?  what  Good 
w ill  that  do  you  ? 

Wenlock.  If  you  are,  say  so;  for  in  your  Petition  to  the 
King,  you  desire  that  he  will  protect  you,  and  that  you  may  be 
worthy  to  kneel  among  his  loyal  Subjects. 

Court.    Yes. 

Wenlock.  So  am  I,  and  for  any  thing  I  know,  am  as  good  as 
you,  if  not  better  ;  for  if  the  King  did  but  know  your  Hearts, 
as  God  knows  them,  he  would  see,  that  your  Hearts  are  as 
rotten  towards  him,  as  they  are  towards  God.  Therefore  see- 


QUAKER  PERSECUTION  265 

ing  that  you  and  I  are  Subjects  to  the  King,  I  demand  to  be 
tried  by  the  Laws  of  my  own  Nation. 

Court.    You  shall  be  tried  by  a  Bench  and  a  Jury. 

Wenlock.  That  is  not  the  Law,  but  the  Manner  of  it ;  for  if 
you  will  be  as  good  as  your  word,  you  must  set  me  at  Liberty, 
for  I  never  heard  or  read  of  any  Law  that  was  in  England  to 
hang  Quakers. 

Governour.    There  is  a  Laiv  to  hang  Jesuits. 

Wenlock.  If  you  put  me  to  Death,  it  is  not  because  I  go  under 
the  name  of  a  Jesuit,  but  a  Quaker ,  therefore  I  do  appeal  to  the 
Laws  of  my  own  Nation. 

Court.  You  are  in  our  Hand}  and  have  broken  our  Laws,  and 
we  will  try  you. 

Wenlock.  Your  Will  is  your  Law,  and  what  you  have  Power 
to  do,  that  you  will  do :  And  seeing  that  the  Jury  must  go 
forth  on  my  Life,  this  I  have  to  say  to  you  in  the  Fear  of  the 
Living  God :  Jury,  take  heed  what  you  do,  for  you  swear  by 
the  Living  God,  That  you  will  true  Trial  make,  and  just  Verdict 
give,  according  to  the  Evidence.  Jury,  look  for  your  Evidence  : 
What  have  I  done  to  deserve  Death  ?  Keep  your  Hands  out 
of  innocent  Blood. 

A  Juryman.     It  is  good  Counsel. 

The  Jury  went  out,  but  having  received  their  Lesson,  soon 
returned,  and  brought  in  their  Verdict  Guilty. 

Wenlock.  I  deny  all  Guilt,  for  my  Conscience  is  clear  in 
the  Sight  of  God. 

Governour.     TJie  Jury  hath  condemned  thee. 

Wenlock.  The  Lord  doth  justify  me;  who  art  thou  that  con 
demn  est  ? 

Then  the  Court  proceeded  to  vote  as  to  the  Sentence  of 
Death,  to  which  several  of  them,  viz.  Richard  Russel  and 
others,  would  not  consent,  the  Innocence  and  Stedfastness  of 
the  Man  having  prevailed  upon  them  in  his  Favour.  There 
happened  also  a  Circumstance  during  this  Trial,  which  could 
not  but  aifect  Men  of  any  Tenderness  or  Consideration,  which 
was,  that  a  Letter  was  sent  to  the  Court  from  Edward  Whartont 


266  MASSACHUSETTS  AND   PERSECUTION 

signifying,  That  whereas  they  had  banished  him  on  pain  of  Death, 
yet  he  ivas  at  Home  in  his  own  House  in  Salem,  and  therefore 
proposing,  That  they  icould  take  off  their  wicked  Sentence  from 
him,  that  he  might  go  about  his  Occasions  out  of  their  Jurisdiction. 
This  Circumstance,  however  affecting  to  others,  did  only  en 
rage  Endicot  the  Governour,  who  was  very  much  displeased, 
and  in  much  Anger  cried  out,  /  could  find  in  my  Heart  to  go 
Home. 

Wenlock.  It  were  better  for  thee  to  be  at  Home  than  here, 
for  thou  art  about  a  bloody  piece  of  Work. 

Govemour.  You  that  will  not  consent,  record  it.  «  /  thank 
God,  I  am  not  afraid  to  give  Judgment.  Wenlock  Christison, 
hearken  to  your  Sentence:  You  must  return  unto  the  Place  from 
ivhence  you  came,  and  from  thence  to  the  Place  of  Execution,  and 
there  you  must  be  hanged  until  you  be  dead,  dead,  dead,  upon  the 
13th  Day  of  June,  being  the  Fifth-day  of  the  Week. 

Wenlock.  The  Will  of  the  Lord  be  done :  In  whose  Will  I 
came  amongst  you,  and  in  his  Counsel  I  stand,  feeling  his 
Eternal  Power,  that  will  uphold  me  unto  the  last  Gasp,  I  do 
not  question  it.  Known  be  it  unto  you  all,  That  if  you  have 
Power  to  take  my  Life  from  me,  my  Soul  shall  enter  into 
Everlasting  Rest  and  Peace  with  God,  where  you  yourselves 
shall  never  come:  And  if  you  have  Power  to  take  my  Life 
from  me,  the  which  I  do  question,  I  believe  you  shall  never 
more  take  Quakers  Lives  from  them :  Note  my  Words.  Do 
not  think  to  weary  out  the  Living  God  by  taking  away  the 
Lives  of  his  Servants :  What  do  you  gain  by  it  ?  For  the 
last  Man  you  put  to  Death,  here  are  Jive  come  in  his  Room. 
And  if  you  have  Power  to  take  my  Life  from  me,  God  can 
raise  up  the  same  Principle  of  Life  in  ten  of  his  Servants,  and 
send  them  among  you  in  ray  Room,  that  you  may  have  Tor 
ment  upon  Torment,  which  is  your  Portion :  For  there  is  no 
Peace  to  the  Wicked,  saith  my  God. 

Governour.     Take  him  away.  .  .  . 


XV.     KHODE   ISLAND   TO   1660 
89.  A  Compact  in  Civil  Things  Only,  1336  (?) 

Early  Records  of  the  Town  of  Providence  (1892),  1. 

These  Records  were  printed  from  the  original  manuscript  records.  In 
1800,  a  manuscript  "  transcript "  had  been  made  of  those  records  (without 
attempt  to  preserve  the  original  spelling,  and  with  various  errors)  ;  and 
this  transcript  was  followed  in  the  first  printed  copy  of  this  compact  in 
the  Rhode  Island  Colony  Records  (1878),  I,  14. 

The  following  entry  was  not  dated.  Apparently  it  was  a  paper  pre 
sented  by  Williams  and  the  first  settlers  to  a  second  body  of  comers, 
probably  in  1636. 

We  whose  names  are  hereunder,  desirous  to  inhabitt  in  the 
towne  of  providence,  do  promise  to  subject  ourselves  in  active 
and  passive  obedience  to  all  such  orders  or  agreements  as  shall 
be  made  for  publick  good  of  our  body,  in  an  orderly  way,  by 
the  major  consent  of  the  present  Inhabitants,  maisters  of 
families,  Incorporated  together  into  a  towne  fellowship,  and 
others  whome  they  shall  admitt  unto  them, 

only  in  civill  things. 
Eichard  Scott  Thomas  Angell  X  mark 

m«r*  Thomas  Harris 

William  X  Reynolds  „  ,       v         , 

. .    ..  .  nrancis  weekes  X  mark 

Abad  browne  ...  , , 

T  -u     TXT  r      u  Benedict  Arnold 

John  Warner  [a  character. 

,    , ,        ..L       i  „  -  r,  -,     Josua  wmsor 
probably  a  "  mark,"  follows.]     ^r-,,.       TTr.  ,       -, 

«/      ,    i  J     William  Wickenden 
E.dwarde  Cope 

mark 

George  Rickard  John  X  ffeild 

[In  many  ways  this  "  compact "  recalls  the  Mayflower  Compact 
(No.  46)  ;  but  the  notable  thing  here  is  that  obedience  is  promised  in 
civil  things  only.  "Civil"  is  used  in  contradistinction  with  "ecclesi- 

267 


268  RHODE   ISLAND   TO   1660 

astical."  Obedience  is  promised  in  matters  that  pertain  to  the  state,  not 
in  those  pertaining  to  the  church.  This  was  the  primary  force  of  the 
word  "civil."  Observe  it  in  the  same  sense  in  the  documents  that 
follow.] 

90.   Religious  Freedom  Consonant  with  Civil  Order 

Arnold's  History  of  Rhode  Island,  I,  254,  255. 

The  town  of  Providence  had  been  disturbed  by  tumults,  and  some  of 
the  inhabitants  reasoned  loosely  that  their  platform  of  freedom  of  con 
science  forbade  them  to  punish  the  transgressors.  Williams  then  wrote 
the  following  letter  to  the  town,  denning  in  a  masterly  way  the  limits  of 
civil  and  religious  freedom.  This  is  a  good  point  at  which  to  review  No.  84, 
with  the  Introduction  thereto. 

There  goes  many  a  ship  to  sea,  with  many  hundred  souls 
in  one  ship,  whose  weal  and  woe  is  common  ;  and  [this]  is 
a  true  picture  of  a  commonwealth.  ...  It  hath  fallen  out 
sometimes  that  both  Papists  and  Protestants,  Jews  and  Turks, 
may  be  embarked  in  one  ship  ;  upon  which  supposal  I  affirm 
that  all  the  liberty  of  conscience,  that  ever  I  pleaded  for,  turns 
upon  these  two  hinges :  that  none  of  the  Papists,  Protestants 
Jews,  or  Turks,  be  forced  to  come  to  the  ship's  prayers  or 
worship,  nor  compelled  from  their  own  particular  prayers  or 
worship,  if  they  practice  any.  I  further  add  that  I  never 
denied  that,  notwithstanding  this  liberty,  the  commander  of 
the  ship  ought  to  command  the  ship's  course,  yea,  and  also 
command  that  justice,  peace,  and  sobriety  be  kept  and  prac 
tised,  both  among  the  seamen  and  all  the  passengers.  If  any 
of  the  seamen  refuse  to  perform  their  service,  or  passengers 
to  pay  their  freight ;  if  any  refuse  to  help,  in  person  or  purse, 
toward  the  common  charges  or  defence ;  if  any  refuse  to  obey 
the  common  laws  and  orders  of  the  ship,  concerning  their 
common  peace  or  preservation ;  if  any  shall  mutiny  and  rise 
up  against  their  .  .  .  officers ;  if  any  should  preach  or  write 
that  there  ought  to  be  no  commanders  or  officers  because  all 
are  equal  in  Christ  ...  I  say  I  never  denied  but  in  such  cases, 
whatever  is  pretended,  the  commander  or  commanders  may 


PATENT   OF  PROVIDENCE   PLANTATIONS        269 

judge,  resist,  compel,  and  punish  such  trangressors,  according 
to  their  .  .  .  merits.1 

91.  Patent  of  Providence  Plantations,  March  14/24,  1643/1644 

Rhode  Island  Colonial  Records,  I,  123-146. 

The  Long  Parliament,  at  the  opening  of  its  war  against  Charles  I,  created 
a  council  for  colonial  affairs.  That  body,  upon  petition  from  Williams 
and  his  friends,  issued  the  following  grant.  Section  I  (about  a  page  of  this 
type)  recites  these  facts.  Practically  all  the  rest  of  the  document  is  given 
here.  The  important  consideration  is  the  repetition  of  the  word  u  civil." 
(See  note  on  page  267,  above.) 

And  whereas  divers  well  affected  and  industrious  English 
Inhabitants,  of  the  Towns  of  Providence,  Portsmouth,  and  New 
port  in  the  tract  aforesaid,  have  adventured  to  make  a  nearer 
neighborhood  and  Society  with  the  great  Body  of  the  Narragan- 
sets,  which  may  in  Time  by  the  blessing  of  God  upon  their 
Endeavours,  lay  a  sure  Foundation  of  Happiness  to  all  America. 
And  have  also  purchased,  and  are  purchasing  of  and  amongst  the 
said  Natives,  some  other  Places,  which  may  be  convenient  both 
for  Plantations,  and  also  for  building  of  Ships,  Supply  of  Pipe 
Staves  and  other  Merchandize.  And  whereas  the  said  English, 
have  represented  their  Desire  to  the  said  Earl,  and  Commis 
sioners,  to  have  their  hopeful  Beginnings  approved  and  confirmed, 
by  granting  unto  them  a  Free  Charter  of  Civil  Incorporation  and 
Government ;  that  they  may  order  and  govern  their  Plantation 
in  such  a  Manner  as  to  maintain  Justice  and  peace,  both  among 
themselves,  and  towards  all  Men  with  whom  they  shall  have 
to  do.  In  due  Consideration  of  the  said  Premises,  the  said 
Robert  Earl  of  Warwick,  Governor  in  Chief,  and  Lord  High 
Admiral  of  the  said  Plantations,  and  the  greater  Number  of 
the  said  Commissioners,  whose  Names  and  Seals  are  here 
underwritten  and  subjoined,  out  of  a  Desire  to  encourage  the 
good  Beginnings  of  the  said  Planters,  Do,  by  the  Authority  of 

1  The  editor  cannot  resist  the  desire  to  add  that  rarely  in  all  history  has  so 
fundamental,  and  at  the  same  time  so  revolutionary,  a  truth  been  stated  so 
simply  arid  incontrovertibly. 


270  RHODE   ISLAND  TO   1660 

the  aforesaid  Ordinance  of  the  Lords  and  Commons,  give, 
grant,  and  confirm,  to  the  aforesaid  Inhabitants  of  the  Towns 
of  Providence,  Portsmouth,  and  Newport,  a  free  and  absolute 
Charter  of  Incorporation,  to  be  known  by  the  Name  of  the 
Incorporation  of  Providence  Plantations,  in  the  Narraganset- 
Bay,  in  New  England. — Together  with  full  Power  and 
Authority  to  rule  themselves,  and  such  others  as  shall  here 
after  inhabit  within  any  Part  of  the  said  Tract  of  land,  by 
such  a  Form  of  Civil  Government,  as  by  voluntary  consent  of 
all,  or  the  greater  Part  of  them,  they  shall  find  most  suitable 
to  their  Estate  and  Condition  ;  and,  for  that  End,  to  make 
and  ordain  such  Civil  Laws  and  Constitutions,  and  to  inflict 
such  punishments  upon  Transgressors,  and  for  Execution  there 
of,  so  to  place,  and  displace  Officers  of  Justice,  as  they,  or  the 
greatest  Part  of  them,  shall  by  free  Consent  agree  unto. 
Provided  nevertheless,  that  the  said  Laws,  Constitutions,  and 
Punishments,  for  the  Civil  Government  of  the  said  Plantations, 
be  conformable  to  the  Laws  of  England,  so  far  as  the  Nature 
and  Constitution  of  the  place  will  admit.  And  always 
reserving  to  the  said  Earl,  and  Commissioners,  and  their 
Successors,  Power  and  Authority  for  to  dispose  the  general 
Government  of  that,  as  it  stands  in  Relation  to  the  rest  of  the 
Plantations  in  America  as  they  shall  conceive  from  Time  to 
Time,  most  conducing  to  the  general  Good  of  the  said 
Plantations,  the  Honour  of  his  Majesty,  and  the  Service  of  the 
State.  .  .  . 

92.   Rhode  Island  and  the  Quakers,  1657 

Hutchinson's  Massachusetts  Bay  (1765),  App.  XI. 

Massachusetts  had  complained  and  threatened  because  Quakers,  received 
in  Rhode  Island,  swarmed  thence  into  her  territory . 

The  Government  of  Rhode  Island  to  the  Government  of 
Massachusetts. 

Much  honoured  Gentlemen, 
Please  you  to  understand,  that  there  hath  come  to  our  view  a 


RHODE   ISLAND  AND  THE  QUAKERS  271 

letter  subscribed  by  the  honour'd  gentlemen  commissioners  of 
the  united  coloneys,  the  contents  whereof  are  a  request  concern 
ing  certayne  people  caled  quakers,  come  among  us  lately,  etc. 

Our  desires  are,  in  all  things  possible,  to  pursue  after  and 
keepe  fayre  and  loving  correspondence  and  entercourse  with 
all  the  colloneys,  and  with  all  our  countreymen  in  New-Eng 
land  ;  and  to  that  purpose  we  have  endeavoured  (and  shall  still 
endeavour)  to  answere  the  desires  and  requests  from  all  parts  of 
the  countrey,  coming  unto  us,  in  all  just  and  equall  returnes, 
to  which  end  the  coloney  have  made  seasonable  provision  to 
preserve  a  just  and  equal  entercourse  between  the  coloneys 
and  us,  by  giving  justice  to  any  that  demand  it  among  us  and 
by  returning  such  as  make  escapes  from  you,  or  from  the  other 
coloneys,  being  such  as  fly  from  the  hands  of  justice,  for  mat 
ters  of  crime  done  or  committed  amongst  you,  etc.  And  as  con 
cerning  these  quakers  (so  caled)  which  are  now  among  us,  we 
have  no  law  among  us  whereby  to  punish  any  for  only  declaring 
by  words,  etc.  their  mindes  and  understandings  concerning  the 
things  and  ways  of  God,  as  to  salvation  and  an  eternal  condition. 
And  we,  moreover,  finde  that  in  those  places  ivhere  these  people 
aforesaid,  in  this  coloney,  are  most  of  all  suffered  to  declare  them 
selves  freely,  and  are  only  oposed  by  arguments  in  discourse,  there 
they  least  of  all  desire  to  come,  and  we  are  informed  that  they  be 
gin  to  loath  this  place,  for  that  they  are  not  opposed  by  the  civill 
authority,  but  with  all  patience  and  meeknes  are  suffered  to  say 
over  their  pretended  revelations  and  admonitions,  nor  are  they  like 
or  able  to  gain  many  here  to  their  way ;  and  surely  we  find  that 
they  delight  to  be  persecuted  by  civill  powers,  and  when  they  are 
soe,  they  are  like  to  gain  more  adherents  by  the  conseyte  of  their  pa 
tient  sufferings,  than  by  consent  to  their  pernicious  sayings.  And 
yet  we  conceive,  that  their  doctrines  trend  to  very  absolute  cut 
ting  downe  and  overturning  relations  and  civill  government 
among  men,  if  generally  received.  But  as  to  the  dammage  that 
may  in  likelyhood  accrue  to  the  neighbour  colloneys  by  their  be 
ing  here  entertained,  we  conceive  it  will  not  prove  so  dangerous 
(as  else  it  might)  in  regard  of  the  course  taken  by  you  to  send 


272  RHODE   ISLAND  TO   1660 

them  away  out  of  the  countrey,  as  they  come  among  you.  But, 
however,  at  present,  we  judge  it  requisitt  (and  doe"  intend)  to 
commend  the  consideration  of  their  extravagent  outgoings  unto 
the  generall  assembly  of  our  coloney  in  March  next,  where  we 
hope  there  will  be  such  order  taken,  as  may,  in  all  honest  and 
contientious  manner,  prevent  the  bad  effects  of  their  doctrines 
and  endeavours ;  and  soe,  in  all  courtious  and  loving  respects, 
and  with  desire  of  all  honest  and  fayre  commerce  with  you,  and 
the  rest  of  our  honoured  and  beloved  countrey  men,  we  rest 
Yours  in  all  loving  respects  to  serve  you, 

BENEDICT  ARXOLD,     Pres. 

From  Providence,  at  the  court  WILLIAM  BAULTOX, 

of  trials,  held  for  the  colo-  RAXDALL  HOWLDOX, 

ney,  Oct.  13th,  1657.  ARTHUR  FEXXER, 

WILLIAM  FEILD, 

To  the  much  honoured,  the  Generall  Court,  sitting  at  Boston, 
the  Colloney  of  Massachusitts. 


XVI.     CONNECTICUT   BEFORE   1660 

93.  The  Fundamental  Orders  of  1639 

January  14/24,  1348/9 
Connecticut  Colonial  Records,  I,  20-25. 

Cf.  American  History  and  Government,  §§  87-89,  for  the  history  and 
significance  of  this  "first  written  constitution  known  to  history  that 
created  a  government."  The  document  is  printed  here  in  full. 

Forasmuch  as  it  hath  pleased  the  Allmighty  God  by  the  wise 
disposition  of  his  divyne  providence  so  to  Order  and  dispose  of 
things  that  we  the  Inhabitants  and  Residents  of  Windsor,  Harte- 
ford  and  Wethersfield  are  now  cohabiting  and  dwelling  in  and 
uppon  the  River  of  Conectecotte  and  the  Lands  thereunto  ad- 
joyneing ;  And  well  knowing  where  a  people  are  gathered  to- 
gather  the  word  of  God  requires  that  to  mayntayne  the  peace 
and  union  of  such  a  people  there  should  be  an  orderly  and  de 
cent  Govennent  established  according  to  God,  to  order  and 
dispose  of  the  affayres  of  the  people  at  all  seasons  as  occation 
shall  require ;  doe  therefore  assotiate  and  conjoyne  our  selves 
to  be  as  one  Publike  State  or  Comrnonwelth ;  and  doe,  for  our 
selves  and  our  Successors  and  such  as  shall  be  adjoyned  to  us 
att  any  tyme  hereafter,  enter  into  Combination  and  Confedera 
tion  togather,  to  mayntayne  and  presearve  the  liberty  and 
purity  of  the  gospell  of  our  Lord  Jesus  which  we  now  professe, 
as  also  the  disciplyne  of  the  Churches,  which  according  to  the 
truth  of  the  said  gospell  is  now  practised  amongst  us ;  As  also 
in  our  Civell  Affaires  to  be  guided  and  governed  according  to 
such  Lawes,  Rules,  Orders  and  decrees  as  shall  be  made,  or 
dered  and  decreed,  as  followeth  :  — 

1.  It  is  Ordered,  sentenced  and  decreed,  that  there  shall  be 
yerely  two  generall  Assemblies  or  Courts,  the  on  \_one]  the  second 
thursday  in  Aprill,  the  other  the  second  thursday  in  September, 

273 


274  CONNECTICUT  BEFORE  1660 

following ;  the  first  shall  be  called  the  Courte  of  Election, 
wherein  shall  be  yerely  Chosen  from  tyme  to  tyme  soe  many 
Magestrats  and  other  publike  Officers  as  shall  be  found  requi- 
sitte :  Whereof  one  to  be  chosen  Governour  for  the  yeare  en- 
sueing  and  untill  another  be  chosen,  and  noe  other  Magestrate 
to  be  chosen  for  more  than  one  yeare ;  provided  allwayes  there 
be  sixe  chosen  besids  the  Governour ;  which  being  chosen  and 
sworne  according  to  an  Oath  recorded  for  that  purpose  shall 
have  power  to  administer  justice  according  to  the  Lawes  here 
established,  and  for  want  thereof  according  to  the  rule  of  the 
word  of  God ;  which  choise  shall  be  made  by  all  that  are  ad 
mitted  freemen  and  have  taken  the  Oath  of  Fidellity,  and  doe 
cohabitte  within  this  Jurisdiction,  (having  beene  admitted 
Inhabitants  by  the  major  part  of  the  Towne  wherein  they  live,) 
or  the  major  parte  of  such  as  shall  be  then  present. 

2.  It  is  Ordered,  sentense*d  and  decreed,  that  the  Election  of 
the  aforesaid  Magestrats  shall  be  on  this  manner  :  every  person 
present  and  quallified  for  choyse  shall  bring  in  (to  the  persons 
deputed  to  receave  them)  one  single  paper  with  the  name  of 
him  written  in  yt  whom  he  desires  to  have  Governour,  and  he 
that  hath  the  greatest  number  of  papers  shall  be  Governor  for 
that  yeare.  And  the  rest  of  the  Magestrats  or  publike  Officers 
to  be  chosen  in  this  manner :  The  Secretary  for  the  tyme  being 
shall  first  read  the  names  of  all  that  are  to  be  put  to  choise  and 
then  shall  severally  nominate  them  distinctly,  and  every  one 
that  would  have  the  person  nominated  to  be  chosen  shall  bring 
in  one  single  paper  written  uppon,  and  he  that  would  not  have 
him  chosen  shall  bring  in  a  blanke :  and  every  one  that  hath 
more  written  papers  then  blanks  shall  be  a  Magistrat  for  that 
yeare  ;  which  papers  shall  be  receaved  and  told  by  one  or  more 
that  shall  be  then  chosen  by  the  court  and  sworne  to  be  fayth- 
f ull  therein ;  but  in  case  there  should  not  be  sixe  chosen  as 
aforesaid,  besids  the  Governor,  out  of  those  which  are  nomi 
nated,  then  he  or  they  which  have  the  most  written  papers  shall 
be  a  Magestrate  or  Magestrats  for  the  ensueing  yeare,  to  make 
up  the  foresaid  number. 


THE  FUNDAMENTAL  ORDERS  OF   1639          275 

3.  It  is  Ordered,  sentenced  and  decreed,  that  the  Secretary 
shall  not  nominate  any  person,  nor  shall  any  person  be  chosen 
newly  into  the  Magestracy  which  was  not  propownded  in  some 
Generall  Courte  before,  to  be  nominated  the  next  Election;  and 
to  that  end  yt  shall  be  lawfull  for  ech  of  the  Townes  aforesaid 
by  their  deputyes  to  nominate  any  two  whom  they  conceave 
fitte  to  be  put  to  Election ;  and  the  Courte  may  ad  so  many 
more  as  they  judge  requisitt. 

4.  It  is  Ordered,  sentenced  and  decreed  that  noe  person  be 
chosen  Governor  above  once  in  two  yeares,  and  that  the  Gov 
ernor  be  alwayes  a  member  of  some  approved  congregation,  and 
formerly  of  the  Magestracy  within  this  Jurisdiction ;  and  all 
the    Magestrats   Freemen   of   this   Commonwelth :    and   that 
no  Magestrate  or  other  publike  officer  shall  execute  any  parte 
of  his  or  their  Office  before  they  are  severally  sworne,  which 
shall  be  done  in  the  face  of  the  Courte  if  they  be  present,  and 
in  case  of  absence  by  some  deputed  for  that  purpose. 

5.  It  is  Ordered,  sentenced  and  decreed,  that  to  the  afore 
said  Courte  of  Election  the  severall  Townes  shall  send  their 
deputyes,  and  when  the  Elections  are  ended  they  may  proceed 
in  any  publike  searvice  as  at  other  Courts.     Also  the  Generall 
Courte  in  September  shall  be  for  makeing  of  lawes,  and  any 
other    publike    occation,    which    consems    the    good   of    the 
Commonwelth. 

6.  It  is  Ordered,  sentenced  and  decreed,  that  the  Governor 
shall,  ether  by  himselfe  or  by  the  secretary,  send  out  summons 
to  the  Constables  of  every  Towne  for  the  cauleing   of  these 
two  standing   Courts,  on    [one]    month   at   lest   before   their 
severall  tymes :   And  also  if  the   Governor  and   the   gretest 
parte  of  the  Magestrats  see  cause  uppon  any  spetiall  occation 
to  call  a  generall  Courte,  they  may  give  order  to  the  secretary 
soe  to  doe  within  fowerteene  dayes  warneing;  and  if  urgent 
necessity  so  require,  uppon  a  shorter  notice,  giveing  sufficient 
grownds  for  yt  to  the  deputyes  when  they  meete,  or  els  be 
questioned  for  the  same;  And  if  the  Governor  and  [major"] 
parte  of  Magestrats  shall  ether  neglect  or  refuse  to  call  the 


276  CONNECTICUT   BEFORE    1660 

two  Generall  standing  Courts  or  ether  of  them,  as  also  at 
other  tymes  when  the  occations  of  the  Commonwelth  require, 
the  Freemen  thereof,  or  the  Major  parte  of  them,  shall  peti 
tion  to  them  soe  to  doe :  if  then  yt  be  ether  denyed  or  neglected 
the  said  Freemen  or  the  Major  parte  of  them  shall  have 
power  to  give  order  to  the  Constables  of  the  severall  Townes 
to  doe  the  same,  and  so  may  meete  togather,  and  chuse  to 
themselves  a  Moderator,  and  may  proceed  to  do  any  Acte  of 
power,  which  any  other  Generall  Courte  may. 

7.  It  is  Ordered,  sentenced  and  decreed  that  after  there  are 
warrants  given  out  for  any  of  the  said  Geuerall  Courts,  the 
Constable  or  Constables  of  ech  Towne    shall  forthwith   give 
notice   distinctly   to   the   inhabitants    of   the   same,   in  some 
Publike  Assembly  or  by    goeing   or   sending  from   howse  to 
howse,  that  at  a  place  and  tyme  by  him  or  them  lymited  and 
sett,  they  meet  and  assemble    them  selves   togather   to   elect 
and  chuse  certen  deputyes  to  be  at  the  General  Courte  then 
following  to  agitate  the  afayres  of  the  commonwelth ;,  which 
said  Deputyes  shall  be  chosen  by   all  that  are  admitted  In 
habitants  in  the  severall  Townes  and  have  taken  the  oath  of 
fidellity;    provided   that   non   be   chosen   a   Deputy   for   any 
Generall  Courte  which  is  not  a  Freeman  of  this  Commonwelth. 

The  foresaid  deputyes  shall  be  chosen  in  manner  following : 
every  person  that  is  present  and  quail ified  as  before  expressed, 
shall  bring  the  names  of  such,  written  in  severall  papers  as 
they  desire  to  have  chosen  for  that  Imployment,  and  these  3 
or  4,  more  or  lesse,  being  the  number  agreed  on  to  be  chosen 
for  that  tyme,  that  have  greatest  number  of  papers  written 
for  them  shall  be  deputyes  for  that  Courte ;  whose  names 
shall  be  endorsed  on  the  backe  side  of  the  warrant  and  re 
turned  into  the  Courte,  with  the  Constable  or  Constables  hand 
unto  the  same. 

8.  It  is  Ordered,    sentenced   and   decreed,   that   Wyndsor, 
Hartford  and  Wethersfield  shall  have  power,  ech  Towne,  to 
send  fower  of  their  freemen  as  their  deputyes  to  every  Gen 
erall  Courte ;  and  whatsoever  other  Townes  shall  be  hereafter 


THE   FUNDAMENTAL  ORDERS  OF   1639  277 

added  to  this  Jurisdiction,  they  shall  send  so  many  deputyes 
as  the  Courte  shall  judge  meete,  a  resonable  proportion  to  the 
number  of  Freemen  that  are  in  the  said  Townes  being  to  be 
attended  therein;  which  deputyes  shall  have  the  power  of 
the  whole  Towne  to  give  their  voats  and  alowance  to  all  such 
lawes  and  orders  as  may  be  for  the  publike  good,  and  unto 
which  the  said  Townes  are  to  be  bownd. 

9.  It  is  ordered  and  decreed,  that  the  deputyes  thus  chosen 
shall  have  power  and  liberty  to  appoynt  a  tyme  and  a  place 
of  meeting  togather  before  any  Generall  Courte  to  advise  and 
consult  of  all  such  things  as  may  concerne  the  good  of  the 
publike,  as  also   to   examine    their    owne    Elections,  whether 
according  to  the  order,  and  if  they  or  the  gretest  parte  of  them 
find  any  election  to  be  illegall  they  may  seclud  such  for  [the] 
present  from  their  meeting,  and  returne  the  same  and  their 
resons  to  the  Courte ;  and  if  yt  prove  true,  the  Courte  may 
fyne  the  party  or  partyes  so  intruding  and  the  Towne,  if  they 
see  cause,  and  give  out  a  warrant  to  goe  to  a  newe  election 
in  a  legall  way,  either  in  parte  or  in  whole.     Also  the  said 
deputyes  shall  have  power  to  fyne  any  that  shall  be  disorderly 
at  their  meetings,  or  for  not  comming  in  due  tyme  or  place 
according  to  appoyntment;    and  they  may   returne   the   said 
fynes  into  the  Courte  if  yt  be  refused  to  be    paid,   and  the 
Tresurer  to  take  notice  of  yt,  and  to  estreete  or  levy  the  same 
as  he  doth  other  fynes. 

10.  It  is  Ordered,  sentenced  and  decreed,  that  every  Generall 
Courte,  except  such  as  through  neglecte  of  the  Governor  and 
the  greatest  parte  of  Magestrats  the  Freemen  themselves  doe 
call,  shall  consist  of  the  Governor,    or   some    one    chosen   to 
moderate  the  Court,  and  4  other  Magestrats  at  lest,  with  the 
major  parte  of  the  deputyes  of  the   severall  Townes  legally 
chosen;  and   in    case    the    Freemen   or   major   parte  of  them, 
through  neglect  or  refusall  of  the  Governor  and  major  parte 
of  the  magestrats,  shall  call  a  Courte,  it  shall  consist  of  the 
major  parte  of  Freemen  that  are  present  or  their   deputyes, 
with  a  Moderator  chosen  by  them :  In  which    said    Generall 


278  CONNECTICUT  BEFORE   1660 

Courts  shall  consist  the  supreme  power  of  the  Coinmon- 
welth,  and  they  only  shall  have  power  to  make  lawes  or 
repeale  them,  to  graunt  levyes,  to  adinitt  of  Freemen,  dispose 
of  lands  undisposed  of,  to  severall  Townes  or  persons,  and 
also  shall  have  power  to  call  ether  Courte  or  Magestrate  or 
any  other  person  whatsoever  into  question  for  any  misdemean 
our,  and  may  for  just  causes  displace  or  deale  otherwise 
according  to  the  nature  of  the  offence;  and  also  may  deale 
in  any  other  matter  that  concerns  the  good  of  this  common- 
welth,  excepte  election  of  Magestrats,  which  shall  be  done  by 
the  whole  boddy  of  Freemen. 

In  which  Courte  the  Governour  or  Moderator  shall  have  power 
to  order  the  Courte,  to  give  liberty  of  spech,  and  silence  un- 
ceasonable  and  disorderly  speakeings,  to  put  all  things  to 
voate,  and  in  case  the  vote  be  equall  to  have  the  casting  voice. 
But  non  of  these  Courts  shall  be  adjorned  or  dissolved  without 
the  consent  of  the  major  parte  of  the  Court. 

11.  It  is  ordered,  sentenced  and  decreed,  that  when  any 
Generall  Courte  uppon  the  occations  of  the  Commonwelth  have 
agreed  uppon  any  summe  or  sommes  of  mony  to  be  levyed  uppon 
the  severall  Townes  within  this  Jurisdiction,  that  a  Committee 
be  chosen  to  sett  out  and  appoynt  what  shall  be  the  proportion 
of  every  Towne  to  pay  of  the  said  levy,  provided  the  Com 
mittees  be  made  up  of  an  equall  number  out  of  each  Towne. 

[Hints  for  Study. —  1.  — This  was  a  great  democratic  constitution,  —  the 
first  that  ever  "  created  a  state."  As  a  whole,  it  is  an  innovation  ;  but  very 
few  passages  in  it,  taken  by  themselves,  are  new.  The  great  bulk  of  the 
Orders  came  from  Massachusetts'  practice  of  the  preceding  five  years 
(1634-1638),  and  most  of  it  came,  indeed,  from  express  statutes  of  the 
older  colony.  Its  peculiar  democracy  consisted  in  (1)  selecting  all  the 
democratic  features  of  the  Massachusetts  government  (leaving  out  all  the 
more  aristocratic  features),  and  (2)  in  adding  a  very  few  other  democratic 
features,  some  of  which  these  men  had  striven  for  in  vain  in  Massachusetts. 

a.   For  instances  of  selection  : 

(Article  1.)  Massachusetts,  during  most  of  her  history,  had  had  "  two 
General  Courts,"  the  Spring  Court  being  a  "Courte  of  Election,"  in 
which  all  magistrates  were  chosen  for  one  year  only. 


THE  FUNDAMENTAL  ORDERS  OF  1639  279 
\  • 

(Articles  1,  2,  7,  9.)  All  the  details  of  the  elections  of  governor,  magis 
trates,  and  town  deputies,  come  from  Massachusetts'  practice  in  the  years 
1635-1638,  as  did  also  the  provision  for  preliminary  caucusing  by  the 
deputies  with  control  over  their  separate  meetings. 

Articles  5  and  10  may  be  compared  with  the  democratic  legislation  of 
Massachusetts  in  1634  (No.  67  b  (2),  above). 

Many  minor  resemblances  will  occur  to  the  advanced  student  familiar 
with  Massachusetts  history. 

b.  Provisions  which   the   democrats  had    wanted,   but   failed  to  se 
cure,    in   Massachusetts  :    ineligibility  of    the  governor    for    immediate 
reelection  (Article  4),  and  the  method  of  nomination  (Article  3;  adopted 
also  in  Massachusetts  two  years  later). 

c.  Democratic  innovations:  (1)  making  the  sessions  of  the  legislature 
independent  of  the  will  of  the  executive  (Articles  6  and  10).     Massachu 
setts  had  made  the  General  Court  master  of  its  own  adjournment  but 
not  of  its  meetings.     Both  the  provisions  were  adopted  by  the  Long 
Parliament  in  England  two  years  later.     (2)  Leaving  the  franchise  to  be 
determined  practically  by  the  towns. 

2.  —  Connecticut  did  not  reject  theocracy.  Cf.  the  preamble  and  the 
eligibility  provision  for  the  governorship.  In  practice,  too,  the  colony 
maintained  a  close  union  of  Church  and  State.  The  restriction  of  the 
franchise  to  church  members  was  rejected,  not  because  it  was  theocratic, 
but  because  it  was  undemocratic.] 


XVII.     THE   NEW  ENGLAND   CONFEDERATION 
94.   The  Constitution 

The  text  is  printed  in  the  New  Haven  Colonial  Records  and  in  the 
Plymouth  Colony  Records  (IX).  For  the  history  of  the  formation  of  the 
Confederation,  see  American  History  and  Government,  §§  90,  91. 

ARTICLES 

OF 

CONFEDERATION  BETWIXT  THE  PLANTATIONS  UNDER  THE  GOV 
ERNMENT  OF  THE  MASSACHUSETTS,  THE  PLANTATIONS  UNDER 
THE  GOVERNMENT  OF  PLIMOUTIF,  THE  PLANTATIONS  UNDER 
THE  GOVERNMENT  OF  CONNECTECUT,  AND  THE  GOVERNMENT 
OF  NEW  HAVEN,  WITH  THE  PLANTATIONS  IN  COMBINATION 
THEREWITH. 

Whereas  we  all  came  into  these  parts  of  America,  with  one 
and  the  same  end  and  ayme,  namely,  to  advance  the  Kingdome 
of  our  Lord  Jesus  Christ,  and  to  enjoy  the  liberties  of  the  Gospel, 
in  purity  with  peace ;  and  whereas  in  our  settling  (by  a  wise 
providence  of  God)  we  are  further  dispersed  upon  the  Sea-Coast, 
and  Rivers,  then  was  at  first  intended,  so  that  we  cannot  (accord 
ing  to  our  desire)  with  convenience  communicate  in  one  Gov 
ernment,  and  Jurisdiction ;  and  whereas  we  live  encompassed 
with  people  of  severall  Nations,  and  strange  languages,  which 
hereafter  may  prove  injurious  to  us,  and  our  posterity  :  And 
forasmuch  as  the  Natives  have  formerly  committed  sundry  in- 
solencies  and  outrages  upon  severall  Plantations  of  the  English, 
and  have  of  late  combined  against  us.  And  seeing  by  reason 
of  the  sad  distractions  in  England,  which  they  have  heard  of, 
and  by  which  they  know  we  are  hindred  both  from  that  humble 

280 


THE   CONSTITUTION  281 

way  of  seeking  advice,  and  reaping  those  comfortable  fruits  of 
protection  which,  at  other  times,  we  might  well  expect;  we 
therefore  doe  conceive  it  our  bounden  duty,  without  delay,  to 
enter  into  a  present  Consotiation  amongst  our  selves,  for 
mutuall  help  and  strength  in  all  our  future  concernments,  that, 
as  in  Nation,  and  Religion,  so,  in  other  respects,  we  be,  and 
continue,  One,  according  to  the  tenour  and  true  meaning  of  the 
ensuing  Articles. 

I.  Wherefore  it  is  fully  Agreed  and  Concluded  by  and  be 
tween  the  parties,  or  Jurisdictions  above  named,  and  they  doe 
joyntly  and  severally  by  these  presents  agree  and  conclude, 
That  they  all  be,  and  henceforth  be  called  by  the  name  of,  TJie 
United  Colonies  of  New-England. 

,  II.  The  said  United  Colonies  for  themselves,  and  their  pos- 
terties  doe  joyntly  and  severally  hereby  enter  into  a  firm  and 
perpetuall  league  of  friendship  and  amity,  for  offence  and  de 
fence,  mutuall  advice  and  succour,  upon  all  just  occasions,  both 
for  preserving  and  propagating  the  truth,  and  liberties  of  the 
Gospel,  and  for  their  own  mutuall  safety,  and  wellfare. 

III.  It  is  further  agreed,  That  the  Plantations   which   at 
present  are,  or  hereafter  shall  be  settled  within  the  limits  of 
the  Massachusets,  shall  be  forever  under  the  Government  of 
the    Massachusets.       And    shall    have    peculiar    Jurisdiction 
amongst  themselves,  as  an  intire   body  ;    and   that  Pli mouth, 
Connecticut,  and  New-Haven,  shall  each  of  them,  in  all  respects, 
have  the  like  peculiar   Jurisdiction,  and  Government  within 
their  limits.  .  .  . 

IV.  It  is  also  by  these  Confederates  agreed,  That  the  charge 
of  all  just  Wars,  whether  offensive,  or  defensive,  upon  wliat 
part  or  Member  of  this  Confederation  soever  they  fall,  shall 
both  in  men,  provisions,  and  all  other  disbursements,  be  born 
by  all  the  parts  of  this  Confederation,  in  different  proportions, 
according  to  their    different    abilities,    in   manner   following, 
namely,  That  the  Commissioners  for  each  Jurisdiction,  from 
time  to  time,  as  there  shall  be  occasion,  bring  a  true  account 
and  number  of  all  the  Males  in  each  Plantation,  or  any  way 


282         THE  NEW  ENGLAND  CONFEDERATION 

belonging  to,  or  under  their  severall  Jurisdictions,  of  what 
quality,  or  condition  soever  they  be,  from  sixteen  years  old, 
to  threescore,  being  inhabitants  there.  And  that  according 
to  the  different  numbers,  which  from  time  to  time  shall  be 
found  in  each  Jurisdiction,  upon  a  true,  and  just  account,  the 
service  of  men,  and  all  charges  of  the  war,  be  born  by  the 
poll :  Each  Jurisdiction,  or  Plantation,  being  left  to  their  own 
just  course,  and  custome,  of  rating  themselves,  and  people, 
according  to  their  different  estates,  with  due  respect  to  their 
qualities  and  exemptions  among  themselves,  though  the  Con 
federation  take  no  notice  of  any  such  priviledge.  And  that, 
according  to  the  different  charge  of  each  Jurisdiction,  and 
Plantation,  the  whole  advantage  of  the  War  (if  it  please  God 
so  to  blesse  their  endeavours)  whether  it  be  in  Lands,  Goods> 
or  persons,  shall  be  proportionably  divided  among  the  said 
Confederates. 

V.  It  is  further  agreed,  That  if  any  of  these  Jurisdictions, 
or   any   Plantation   under,  or  in  Combination  with  them,  be 
invaded  by  any  enemy  whomsoever,  upon  notice,  and  request 
of   any   three    Magistrates   of  that   Jurisdiction   so   invaded, 
The  rest  of  the  Confederates,  without  any  further  meeting  or 
expostulation,  shall  forthwith  send  ayde  to  the  Confederate  in 
danger,  but  in  different  proportion,  namely  the  Massacliusets 
one  hundred  men  sufficiently  armed,  and  provided  for  such  a 
service,  and  journey.     And  each  of  the  rest  five  and  forty 
men,  so  armed  and  provided,  or  any  lesse  number,  if  lesse  be 
required,  according  to  this  proportion.  .  .  .     But  none  of  the 
Jurisdictions  to  exceed  these  numbers,  till  by  a  meeting  of  the 
Commissioners  ...  a  greater  ayde  appear  necessary.  .  .  . 

VI.  It   is   also   agreed,   That   for  the  managing  and  con 
cluding   of  all   affaires  proper  to,  and  concerning  the  whole 
Confederation,  two  Commissioners  shall  be  chosen  by,  and  out 
of  the  foure  Jurisdictions,  namely  two  for  the  Massachusets, 
two  for  Plimouth,  two  for  Connecticut,  and  two  for  New-haven, 
being  all  in  Church-fellowship  with  us,  which  shall  bring  full 
power   from    their   severall   generall  Courts   respectively,   to 


THE  CONSTITUTION  283 

hear,  examine,  weigh,  and  determine  all  affaires  of  war,  or 
peace,  leagues,  aydes,  charges,  and  numbers  of  men  for  war, 
division  of  spoyles,  or  whatsoever  is  gotten  by  conquest,  re 
ceiving  of  more  confederates,  or  Plantations  into  Combination 
with  any  of  these  Confederates,  and  all  things  of  like  nature, 
which  are  the  proper  concomitants,  or  consequences  of  such  a 
Confederation,  for  amity,  offence,  and  defence,  not  intermedling 
with  the  Government  or  any  of  the  Jurisdictions,  which  by 
the  third  Article,  is  preserved  entirely  to  themselves.  But  if 
these  eight  Commissioners  when  they  meet,  shall  not  all  agree, 
yet  it  is  concluded,  That  any  six  of  the  eight  agreeing,  shall 
have  power  to  settle  and  determine  the  businesse  in  question. 
But  if  six  doe  not  agree,  that  then  such  Propositions,  with  their 
Reasons,  so  far  as  they  have  been  debated,  be  sent,  and  referred 
to  the  foure  Generall  Courts,  viz.  The  Massachusetts,  Plymouth, 
Connectecut,  and  New-haven.  ...  It  is  further  agreed,  That 
these  eight  Commissioners  shall  meet  once  every  year,  besides 
extraordinary  meetings,  according  to  the  fifth  Article  to  con 
sider,  treat,  and  conclude  of  all  affaires  belonging  to  this 
Confederation,  which  meeting  shall  ever  be  the  first  Tliursday 
in  September.  [Provision  for  meeting  at  the  several  capital 
cities  in  rotation.] 

VII.  It  is  further  agreed,  That  at  each  meeting  of  these 
eight  Commissioners,  whether  ordinary  or  extraordinary ;  they 
all,  or  any  six  of  them  agreeing  as  before,  may  choose  their 
President  out  of  themselves  .  .  .  [to  secure]  a  comely  carrying 
on  of  all  proceedings  in  the  present  meeting.     But  he  shall  be 
invested  with  no  such  power  or  respect,  as  by  which,  he  shall 
hinder  the  propounding  or  progresse  of  any  businesse,  or  any 
way  cast  the  scales,  otherwise  then  in  the  precedent  Article*  is 
agreed. 

VIII.  It  is  also  agreed,  That  the  Commissioners  for  this 
Confederation  hereafter  at  their  meetings,  whether  ordinary  or 
extraordinary,  as  they  may  have  Commission  or  opportunity, 
doe  endeavour  to  frame  and  establish  Agreements  and  Orders 
in  generall  cases  of  a  civil  nature,  wherein  all  the  Plantations 


284         THE  NEW  ENGLAND  CONFEDERATION 

are  interested,  for  preserving  peace  amongst  themselves,  and 
preventing  (as  much  as  may  be)  all  occasions  of  war,  or  differ 
ences  with  others,  as  about  the  free  and  speedy  passage  of 
Justice  in  each  Jurisdiction,  to  all  the  Confederates  equally, 
as  to  their  own,  receiving  those  that  remove  from  one  Planta 
tion  to  another,  without  due  Certificates,  how  all  the  Jurisdic 
tions  may  carry  it  towards  the  Indians,  that  they  neither 
grow  insolent,  nor  be  injured  without  due  satisfaction,  least 
War  break  in  upon  the  Confederates,  through  such  miscarriages. 
It  is  also  agreed,  That  if  any  Servant  run  away  from  his 
Master,  into  any  other  of  these  Confederated  Jurisdictions, 
That  in  such  case,  upon  the  Certificate  of  one  Magistrate  in 
the  Jurisdiction,  out  of  which  the  said  Servant  fled,  or  upon 
other  due  proof,  the  said  Servant  shall  be  delivered  either  to 
his  Master,  or  any  other  that  pursues,  and  brings  such  Certifi 
cate,  or  proof.  And  that  upon  the  escape  of  any  Prisoner 
whatsoever,  or  fugitive,  for  any  Criminall  Cause,  whether 
breaking  Prison,  or  getting  from  the  Officer,  or  otherwise 
escaping,  upon  the  Certificate  of  two  Magistrates  of  the  Juris 
diction  out  of  which  the  escape  is  made,  that  he  was  a  prisoner 
or  such  an  offender,  at  the  time  of  the  escape,  the  Magistrates 
of  that  Jurisdiction  where  for  the  present  the  said  prisoner  or 
fugitive  abideth,  shall  forthwith  grant  such  a  Warrant  as  the 
case  will  bear,  for  the  apprehending  of  any  such  person,  and 
the  delivery  of  him  into  the  hand  of  the  person  who  pursueth 
him.  .  .  . 

[IX.  No  one  of  the  confederates  to  engage  in  any  (offensive) 
war,  without  the  vote  of  the  commissioners,  "  as  in  the  sixth 
Article  is  provided."] 

-XI.  It  is  further  agreed,  That  if  any  of  the  Confederates 
shall  hereafter  break  any  of  these  presents  Articles,  or  be  any 
other  way  injurious  to  any  one  of  the  other  Jurisdictions,  such 
breach  of  Agreement,  or  injury,  shalbe  duly  considered  and 
ordered  by  the  Commissioners  for  the  other  Jurisdictions,  that 
both  peace,  and  this  present  Confederation,  may  be  intirely 
preserved  without  violation. 


MASSACHUSETTS  DEMANDS  MORE  WEIGHT    285 

Lastly,  this  perpetual  1  Confederation,  and  the  severall 
Articles  and  Agreements  thereof,  being  read  and  seriously 
considered,  [statement  of  subscription  by  authority  of  the 
respective  confederate  governments.] 

95.   Massachusetts  Demands  More  Weight 
Plymouth  Colony  Records,  I,  16-17,  118-120,  126-128. 

(1)    At  a  meetinge  of  the  Commissioners  for  the  united  Colonies 
in  New  England  at  Hartford  thefft  of  September  1644 

.  .  .  The  Commissioners  for  the  Massachusetts  mooved  that 
a  due  order  might  be  attended  in  the  subscriptions  of  the 
Acts  and  determinacions  of  this  and  any  future  meetings  of 
the  Commissioners  for  the  united  Colonies,  and  expressed  not 
onely  their  owne  apprehensions  but  the  judgment  of  their 
gene  rail  Court,  That  by  the  Articles  of  Confederacion  the  first 
place  did  of  Right  belong  to  the  Massachusetts,  as  being  first 
named  and  so  the  other  Colonies  in  like  order.  Which  being 
taken  into  consideracion,  and  the  Articles  of  Confederacion 
read,  It  appeared  evidently  to  the  Comissioners  that  no  such 
priviledge  had  beene  ever  .  .  .  graunted  ...  by  the  Comis 
sioners  for  the  Jurisdicions  in  either  of  their  former  meetings, 
and  yet  the  first  subscription  was  made  in  the  presence  of  the 
generall  Court  of  the  Massachusetts.  And  to  prevent  future 
inconvenience  upon  this  occation,  they  thought  fitt  to  declare 
that  this  Commission  is  free  and  may  not  receive  any  thing 
(not  expresly  agreed  in  the  Articles)  as  imposed  by  any 
generall  Court ;  yet  out  of  their  respects  to  the  Government 
of  the  Massachusetts  they  did  willingly  graunt  that  their 
Comissioners  [those  of  Massachusetts]  should  first  subscribe 
after  the  President  in  this  and  all  future  meetings,  and  the 
Comissioners  for  the  other  Colonies  in  such  order  as  they  are 
named  in  the  Articles ;  viz.,  Plymouth,  Conectacutt,  and  New 
Haven. 


286    THE  NEW  ENGLAND  CONFEDERATION 

(2)   At  a  Meting  of  the  Commissioners  of  the  United  colony es 
of  New  England:  held  at  New  Plymouth  the  7'*,  7'*,  1648 
.  .  .  the   Comissioners   for  the   Matathusetts   presented   to 
the  Comissioners  of   the   other  Colonyes  a  writeing   from  a 
Comitee    of    theire   Generall    Courte   desiering   that    a    dew 
Consideracion  may  bee  had  thereof,  in  answer  to  the  Severall 
pticulers.     The  wrighting  is  as  Followeth.  .  .  . 

"  Wheareas  in  Cace  sixe  of  the  Comissioners  shall  not  agree  the  Cause 
is  to  be  refered  to  the  fouer  Generall  Courtes,  and  by  theire  Joyhte 
agrements  to  be  determined,  etc., —  to  be  considered  if  it  were  not  more 
expedient  to  bee  determined  upon  the  agrement  of  any  three  of  them.  .  .  . 

"  Wheareas  by  the  .6.  Article  each  of  the  Colonyes  is  to  have  two 
Comissioners,  and  the  Colony  of  the  Matathusetts  beares  almost  five  for 
one  in  the  proportion  of  Charge  with  any  one  of  the  rest,  they  desier  to 
have  one  Comissioner  more  ;  or  otherwise  they  shall  be  content  that  any 
other  of  the  Colonyes  shall  have  the  same  priviledg  to  have  three 
Comissioners  to  the  other  twoe,  if  such  Colonyes  will  beare  the  Licke 
proporcion  of  Chardg  with  the  Matathusetts.  ..." 

The  Comissioners  having  perused  and  with  dew  Respect 
Considered  the  former  proposicions.  .  .  . 

In  caces  proper  to  the  Comissioners  wheareas  by  the  sixth 
article,  if  sixe  Agree  not,  the  proposicions  with  the  Reasons 
are  to  be  Refered  to  the  Fower  Generall  Courts :  the  Comis 
sioners  aproveiiig  the  Mocion  made  by  the  Comity  of  the 
Masachusets  doe  recomend  it  to  the  Fower  Generall  Courts 
that,  if  any  .  .  .  three  of  the  saide  Courts  agree  ...  of  any 
such  proposicion,  it  shall  passe  and  bee  accoumpted  as  the 
Conclusion  of  the  united  Colonyes,  as  it  should  have  passed  as 
ane  act  of  the  Comissioners  if  sixe  of  them  had  consented : 
For  the  5th,  sixth  and  seventh  proposicions  presented  from 
the  Comissioners  of  the  Masachusetts,  Importeing  a  reall 
Chang  in  the  tearmes  and  Covenants  of  Confideration,  —  as  noe 
alteracion  Can  bee  made  without  the  Consent  of  all  and  each 
of  the  Generall  Courts,  soe  the  Comissioners  Feare  that  any  of 
the  Alteracions  mencioned  would  prove  dangerous  and  Incon 
venient  to  all  or  som  of  the  Colonyes.  The  tacken  [taking] 


NULLIFICATION  BY  MASSACHUSETTS  287 

of  the  Number  of  malles  they  hope  need  not  bee  frequent; 
Nor,  as  it  hath  been  Caryed  by  the  Cornissioners,  inconvenient. 
In  point  of  the  seventh  proposicion  they  Conscaive  there  is  a 
mistack:  the  Lardge  trade  of  the  Masachusets,  besides  theire 
Numbers,  afford  many  advantages  in  Reference  to  estates 
which  the  other  Colonyes  wante  ;  but  (it  is  from  the  Free 
grace  of  god  that  all  and  each  have  what  they  have)  they 
diser  [them]  to  bee  thainkefull. 

96.  Nullification  by  Massachusetts 

Plymouth  Colony  Records,  X,  74-76.  Cf.  American  History  and 
Government,  §  93.  The  following  extracts  from  a  declaration  of  the 
Massachusetts  General  Court  put  an  end  to  the  attempt  of  the  other 
three  colonies  in  the  New  England  Confederation  to  force  Massachusetts 
to  join  in  a  war  against  New  Netherlands. 

The  question  propounded  by  the  General  Court  of  the  Massa 
chusetts  {June  2/12,  1653']. 

.  .  .  Whether  the  Comissioners  of  the  united  Collonies  have 
power  by  articles  of  agreement  to  determine  the  Justice  of  an 
offencive  or  vindictive  warr  and  to  engage  the  Collonies  therin ; 

The  Answare  of  the  Committies  to  the  question,  —  first  more 
particularly  from  the  Articles : 

The  whole  power  of  Government  and  Jurisdiction  is  in  the 
3d  and  sixt  Articles  refered  to  every  Collonie  whoe  sawe  not 
meet  to  divest  themselves  of  theire  authoritie  to  Invest  the 
Comissioners  with  any  part  therof  being  altogether  unsafe  and 
unnessesary  to  attaine  the  end  of  the  Confeaderation ; 

The  9.  and  10th  Articles  constituteth  the  Comissioners 
Judges  of  the  Justice  of  a  defencive  warr 

The  4th  and  5th  settle  Rules  for  Leagues,  Aides,  and  num 
ber  in  a  defencive  warr,  and  devisions  of  spoiles ;  but  noe 
where  provide  for  the  determination  of  the  Justice  of  an 
offencive  warr,  which  therfore  is  refered  wholy  to  the  Deter 
mination  of  the  Supreame  Power  of  the  severall  Confeaderate 
Jurisdictions,  whoe  would  have  otherwise  provided  in  the  case. 


288        THE  NEW  ENGLAND   CONFEDERATION 

The  sixt  Article,  which  att  first  view  seemes  to  Inable  the 
Comissioners,  will  evidently  evince  the  Contrary.  For,  the 
Confederation  being  betwixt  the  Collonies,  the  4th,  and  fift,  9, 
and  10th  Articles  provid  Rules  in  severall  Cases  according  to 
which  the  Confeaderates  have  bound  themselves  to  Acte; 
And  the  sixt  Article  onely  orders  and  appoints  whoe  and  in 
what  mannor  the  said  Rules  and  agreements  should  bee  exe 
cuted  viz.  by  Comissioners  Improved  to  acte  in  cases 
specif [y]ed  and  regulated,  —  for  theire  number,  mannor  of 
proceeding,  times  and  places  of  meeting,  in  the  sixt  and 
seaventh  Articles ;  And  that  by  nessesitie ;  because  the 
supreame  power  of  the  severall  Jurisdictions  Could  not  as 
semble,  they  were  enforced  to  Substitute  deligates  to  order 
such  things  as  were  of  present  and  urgent  Nessesitie,  or  meerly 
prudenciall  or  polliticall  or  of  Inferior  nature,  and  that  ac 
cording  to  themselves  [the  Rules]  prescribed  by  the  Con 
feaderates.  But  such  things  [as]  require  the  Choise  Actes  of 
Authoritie;  or  [are]  in  theire  nature  of  Morrall  Consideration 
and  may  admite  of  more  time  of  Deliberation  (as  an  offencive 
warr),  The  Wisdome  of  the  Countrivers  of  the  Confederacy 
did  not  Judg  meete  to  Refere  to  Comissioners,  and  therfore 
[they]  have  not  provided  any  Rules  in  such  cases  in  these 
Consernments  as  they  did  in  all  cases  of  an  Inferior  nature ; 

More  Generally : l  The  Comissioners  of  the  united  Collonies 
are  not,  soe  fare  as  wee  can  deserne,  Invested  with  power  to 
Conclude  an  offencive  warr  to  engage  the  Collonies  to  which 
they  belonge  to  put  the  same  in  execution  further  then  they 
are  enabled  by  Comission  or  Instructions  under  the  seale  of 
theire  Collonie;  much  lesse  can  it  stand  with  the  Jurisdiction 
and  Right  of  Government  reserved  to  ever[y]  Collonie  for  six 
Comissioners  of  the  other  Collonies  to  put  forth  any  Acte  of 
power  in  a  vindictive  warr  wherby  they  shall  comaund  the 
Collonie  decenting  to  assist  them  in  the  same;  neither  can  it 

1  This  paragraph  begins  the  second  half  of  the  argument, — based  not  on 
the  particular  Articles  of  Confederation,  but  upon  the  nature  of  such  federal 
government  in  general. 


NULLIFICATION  BY  MASSACHUSETTS  289 

bee  the  meaning  of  the  severall  Collonies  whoe  are  soe  tender 
of  theire  power  in  Governing  theire  owne  that  they  should 
put  theire  power  out  of  theire  owne  hands  in  the  most  waighty 
points  (A  bondage  hardly  to  bee  borne  by  the  most  Subjective 
people),  And  cannot  bee  conceived  soe  free  a  people  as  the 
united  Collonies  should  submite  unto ; 

It  can  bee  noe  lesse  then  a  contradiction  to  affeirme  the 
Supreame  power  (which  wee  take  to  bee  the  Generall  Courts 
of  every  Jurisdiction)  can  bee  comaunded  by  others :  an  ab- 
surditie  in  2iollicye,  that  an  Intire  Government  and  Jurisdic 
tion  should  prostitute  itselfe  to  the  Comaund  of  Strangers ;  a 
Scandall  in  Religion,  that  a  generall  court  of  Christians  should 
bee  oblidged  to  acte  and  engage  upon  the  faith  of  six  Delligates 
against  theire  Consience ;  —  all  which  must  bee  admited  in 
case  w^e  acknowlidg  ourselves  bound  to  undertake  an  offencive 
warr  upon  the  bare  determination  of  the  Comissioners,  whoe 
can  not  nor  ever  did  challenge  Authoritie  over  us,  or  expecte 
Subjection  from  us  ... 

[Observe  that  the  Massachusetts  government  did  flatly  nullify  a  decree 
of  the  federal  congress  of  the  United  Colonies.  However,  it  tried  to 
justify  itself,  not  by  an  avowal  of  its  power,  but  by  a  constitutional  argu 
ment.  Massachusetts  claimed  first  that  the  sixth  article  (which  made  the 
vote  of  six  commissioners  binding  upon  the  whole  confederation)  could 
apply  only  to  such  matters  as  have  been  plainly  referred  to  the  Commis 
sioners  by  other  parts  of  the  Constitution  ;  and  second,  that  the  authority 
claimed  by  the  federal  Congress  was  inconsistent  with  the  fundamental 
idea  of  a  confederation,  even  as  it  had  been  understood  by  the  other 
confederates. 

John  Fiske  says  that  this  argument  begins  "the  development  of  con 
stitutional  law,  in  the  American  sense,'1 — as  an  attempt  to  interpret  a 
written  constitution.  The  whole  debate  makes  an  interesting  prelude  to 
the  later  arguments  of  the  nullifiers  and  secessionists  in  the  nineteenth 
century.] 


C.     COLONIAL   AMERICA,    1660-1760 

The  documents  selected  for  this  period  are  much  more  isolated  than 
those  given  above  for  the  earlier  colonial  period.  It  is  usually  impos 
sible  in  a  class  to  do  more  than  use  a  few  illustrative  sources  for  this 
long  and  difficult  period ;  and  some  documents  which  might  be  expected 
are  omitted  because  of  the  extracts  given  from  them  in  the  American 
History  and  Government. 


XVIII.     LIBERAL   CHARTERS,   1662,   1663  l 

97.   The  Connecticut  Charter 

April  23  /  May  3,  1662 

Connecticut  Colonial  Records,  II,  3-11. 

The  complete  document  would  fill  some  ten  pages  of  this  volume.  Parts 
of  it  are  plainly  copied  from  the  Massachusetts  Bay  charter  of  1629.  In 
deed  the  whole  document  has  the  form  of  a  charter  to  a  proprietary 
"  Company"  This  company,  .however,  was  a  "  Corporation  upon  the 
place,"  not  a  corporation  in  England  managing  a  distant  property.  It 
was  the  first  such  corporation  to  receive  a  grant  from  the  crown. 

The  parts  of  the  charter  here  given  are  selected  to  show  (1)  the  powers 
of  self-government  and  (2)  the  inclusion  of  New  Haven.  The  charter 
was  adopted  as  the  State  Constitution  in  1776,  and  continued  in  force, 
with  very  slight  change,  until  1818. 


tfje  Secant,  [&c.]  Whereas  .  .  .  Severall  Lands,  .  .  . 
and  Plantations  have  byn  .  .  .  setled  in  that  parte  of  ... 
America  called  New  England,  and  thereby  the  Trade  .  .  . 
there  hath  byn  of  late  yeares  much  increased,  And  whereas, 
We  have  byn  informed  by  the  humble  Petition  of  our  Trusty 
and  welbeloved  John  Winthrop  [and  eighteen  others],  being 

1  For  the  conditions  under  which  a  despotic  king  granted  these  amazingly 
liberal  charters,  cf.  American  History  and  Government. 

290 


THE  CONNECTICUT  CHARTER       291 

Persons  Principally  interested  in  our  Colony  ...  of  Conecti- 
cutt  in  New  England,  that  the  same  Colony  .  .  .  was  pur 
chased  and  obteyned  for  greate  and  valuable  considerations,  and 
thereby  become  a  considerable  enlargment  and  addition  of  our 
Dominions  and  interest  there,  —  Now  Know  yee,  that  in  Consid 
eration  thereof,  and  in  regard  the  said  Colony  is  remote  from 
other  the  English  Plantations  in  the  Places  aforesaid,  And  to 
the  end  the  Affaires  and  Busines  which  shall  from  tyme  to  tyme 
happen  or  arise  concerning  the  same  may  bee  duely  Ordered 
and  managed,  Wee  .  .  .  Doe  Ordeine,  Constitute  and  Declare 
That  they,  the  said  John  Winthrop  [and  others]  and  all  such 
others  as  now  are  or  hereafter  shall  bee  Admitted  and  made  free  of  the 
Company  and  Society  of  our  Collony  of  Conecticut  in  America,  shall 
.  .  .  bee  one  Body  Corporate  and  Pollitique  in  fact  and  name, 
by  the  Name  of  Governour  and  Company  of  the  English  Collony 
of  Conecticut  in  New  England  in  America ;  .  .  .  And  further, 
wee  .  .  .  Doe  Declare  and  appoint,  that  for  the  better  ordering 
and  manageing  of  the  affairs  and  businesse  of  the  said  Company 
and  their  Successors,  there  shall  be  one  Governour,  one  Deputy 
Governour,  and  Twelve  Assistants,  to  bee  from  tyme  to  tyme 
Constituted,  Elected  and  Chosen  out  of  the  Freemen  of  the  said 
Company  for  the  tyme  being,  in  such  manner  and  forme  as  here 
after  in  these  presents  is  expressed.  And  .  .  .  Wee  doe ...  Consti 
tute  and  appoint  the  aforesaid  John  Winthrop  to  bee  the  first  and 
present  Governour  of  the  said  Company  ;  [appointment  of  Dep 
uty  Governor  and  Assistants] ;  to  continue  in  the  said  severall 
Offices  respectively  untill  the  second  Thursday  which  shall  bee 
in  the  Moneth  of  October  now  next  comeing.  And  further,  wee 
.  .  .  Doe  Ordaine  and  Graunt  that  the  Governour  .  .  .  for  the 
tyme  being,  or,  in  his  absence  .  .  .  the  Deputy  Governour  .  .  . 
.  .  .  shall  and  may  .  .  .  upon  all  occasions  give  Order  for  the 
assembling  of  the  said  Company  ...  to  Consult  and  advice  of 
the  businesse  and  Affaires  of  the  said  Company,  And  that  for 
ever  hereafter,  Twice  in  every  yeare,  (That  is  to  say,)  on  every 
second  Thursday  in  October  and  on  every  second  Thursday  in 
May,  or  oftener,  in  Case  it  shall  be  requisite,  The  Assistants 


292  LIBERAL  CHARTERS,    1662,    1663 

and  freemen  of  the  said  Company,  or  such  of  them  (not  exceed 
ing  twoe  Persons  from  each  place,  Towne  or  Citty)  whoe  shall  bee 
fromtyme  to  tyine  thereunto  Elected  or  Deputed  by  the  major 
parte  of  the  freemen  of  the  respective  Townes  .  .  .  shall 
have  a  generall  meeting  or  Assembly,  then  and  their  to  Con 
sult  and  advise  in  and  about  the  Affaires  and  businesse  of  the 
said  Company ;  And  that  the  Governour,  or  .  .  %  Deputy 
Governour  .  .  .  ,  and  such  of  the  Assistants  and  freemen  of 
the  said  Company  as  shall  be  soe  Elected  or  Deputed  and  bee 
present  att  such  meeting  or  Assembly,  or  the  greatest  number  of 
them  (whereof  the  Governour  or  Deputy  Governour  and  Six  of 
the  Assistants,  at  least,  to  bee  Seaven)  shall  be  called  the  Generall 
Assembly,  and  shall  have  full  power  and  authority  to  alter  and  change  their 
dayes  and  tymes  of  meeting  or  General  Assemblies  for  Electing  the  Gov 
ernour  Deputy  Governour  and  Assistants  or  other  Officers,  or  any  other 
Courts,  Assemblies  or  meetings,  and  to  Choose,  Nominate  and  appoint 
such  and  soe  many  other  Persons  as  they  shall  thinkefitt  and  shall  bee 
willing  to  accept  the  same,  to  bee  free  of  the  said  Company  and  Body 
Politique,  and  them  into  the  same  to  Admitt  and  to  Elect,  and  Constitute 
such  Officers  as  they  shall  thinkefitt  and  requisite  for  the  Ordering,  man- 
nageing,  and  disposeing  of  the  Affaires  of  the  said  Governour  and 
Company  and  their  Successors.  And  wee  doe  hereby  .  .  .  Establish 
and  Ordeine,  that  once  in  the  yeare  .  .  .  ,  namely,  the  said  Second 
Thursday  in  May,  the  Governour,  Deputy  Governour  and  Assistants 
of  the  said  Company  and  other  Officers  of  the  said  Company,  or  such 
of  them  as  the  said  Generall  Assembly  shall  thinke  fitt,  shall  bee,  in 
the  said  Generall  Court  and  Assembly  to  bee  held  from  that  day  or 
tyme,  newly  Chosen  for  the  yeare  ensuing,  by  such  greater  part  of  the 
said  Company  for  the  tyme  being  then  and  there  present.  .  .  .  And 
wee  doe  further  .  .  .  Graunt  that  it  ...  shall  .  .  .  bee  lawfull 
[for  any  General  Assembly,]  to  Erect  and  make  .  .  .  Judica- 
tories  for  the  heareing  and  Determining  of  all  Actions  .  .  .  And 
alsoe  from  tyme  to  tyme  to  Make,  Ordaine,  and  Establish  All  mannner 
of  wholesome  and  reasonable  Lowes,  Satutes,  Ordinances  .  .  .  and 
Instructions,  not  contrary  to  the  lawes  of  this  Realme  of  England  .  .  . 
which  they  shall  find  needfull  for  the  Government  .  .  .  of  the  said 


THE   RHODE   ISLAND  CHARTER  293 

Colony.  .  .  And  Knowe  yee  further,  That  Wee  .  .  .  Doe  give, 
Graunt  and  Confirme  unto  the  said  Governor  and  Company 
and  their  Successor's,  All  that  parte  of  our  Dominions  in  New 
England  in  America  bounded  on  the  East  by  Norrogancett 
River,  cornonly  called  Norrogancett  Bay,  where  the  said  River 
falleth  into  the  Sea,  and  on  the  North  by  the  lyne  of  the  Mas 
sachusetts  Plantation,  and  on  the  South  by  the  Sea,  and  in 
longitude  as  the  lyne  of  the  Massachusetts  Colony,  runinge 
from  East  to  West,  (that  is  to  say,)  from  the  said  Norrogan 
cett  Bay  on  the  East  to  the  South  Sea  on  the  West.  .  .  . 

98.  The  Rhode  Island  Charter 

July  8/18,  1663 
Rhode  Island  Colonial  Records,  II,  3-20. 

John  Clarke,  an  agent  for  the  colony,  presented  a  petition  for  a  charter 
to  Charles  II  in  January,  1661. 

.  .  .  Whereas  we  have  been  informed  ...  on  behalf  of 
Benjamine  Arnold,  William  Brenton  [here  follow  twelve 
names]  and  the  rest  of  the  purchasers  and  ffree  inhabitants 
of  our  island,  called  i&f)0tJe-E0lanti,  and  the  rest  of  the  colonie 
of  Providence  Plantations,  in  the  Narragansett  Bay,  in  New- 
England,  in  America,  that  they,  pursueing,  with  peaceable  and 
loyall  mindes,  their  sober,  serious  and  religious  intentions,  of 
godlie  edifieing  themselves,  and  one  another,  in  the  holie 
Christian  ffaith  and  worshipp  as  they  were  perswaded :  togother 
with  the  gaineing  over  and  conversione  of  the  poore  ignorant 
Indian  natives,  in  those  partes  of  America,  to  the  sincere  pro- 
fessione  and  obedienc  of  the  same  ffaith  and  worship,  did,  not 
onlie  by  the  consent  and  good  encouragement  of  our  royall 
progenitors,  transport  themselves  out  of  this  kingdome  of  Eng 
land  into  America,  but  alsoe,  since  their  arrivall  there,  after 
their  first  settlement  amongst  other  our  subjects  in  those  parts, 
ffor  the  avoideing  of  discorde,  and  those  manie  evills  which 
were  likely  to  ensue  upon  some  of  those  oure  subjects  not  beinge 
able  to  beare,  in  these  remote  partes,  theire  different  appre- 


294  LIBERAL  CHARTERS,   1662,   1663 

hensiones  in  religious  concernments,  and  in  pursueance  of  the 
afforesayd  ends,  did  once  againe  leave  theire  desireable  stationes 
and  -habitationes,  and  with  excessive  labor  and  travell,  hazard 
and  charge,  did  transplant  themselves  into  the  middest  of  the 
Indian  natives,  who,  as  wee  are  informed,  are  the  most  potent 
princes  and  people  of  all  that  country ;  where,  by  the  good 
Providence  of  God,  from  whome  the  Plantationes  have  taken 
their  name,  upon  theire  labour  and  Industrie,  they  have  not 
onlie  byn  preserved  to  admiration,  but  have  increased  and 
prospered,  and  are  seized  and  possessed,  by  purchase  and  con 
sent  of  the  said  natives,  to  their  ffull  content,  of  such  lands, 
islands,  rivers,  harbours  and  roades,  as  are  verie  convenient, 
both  for  plantations  and  alsoe  for  buildinge  of  shipps,  suplye 
of  pype-staves,  and  other  merchandize ;  and  which  lyes  verie 
commodious,  in  manie  respects,  for  commerce,  and  to  accomo- 
date  oure  southern  plantationes,  and  may  much  advance  the 
trade  of  this  oure  realme,  and  greatlie  enlarge  the  territories 
thereof;  they  haveinge,  by  neare  neighbourhoode  to  and 
friendlie  societie  with  the  greate  bodie  of  the  Narragansett 
Indians,  given  them  encouragement,  of  theire  owne  accorde,  to 
subject  themselves,  theire  people  and  landes,  unto  us ;  whereby, 
as  is  hoped,  there  may,  in  due  tyme,  by  the  blessing  of  God 
upon  theire  endeavours,  bee  layd  a  sure  ifoundation  of  happi- 
nesse  to  all  America :  ^tnt)  tofjertas,  in  theire  humble  addresse,  they 
haveffreely  declared,  that  it  is  much  on  their  hearts  (if  they  may  be 
permitted),  to  hold  forth  a  livelie  experiment,  that  a  most  flourishing 
civill  state  may  stand  and  best  bee  maintained,  and  that  among  our 
English  subjects,  with  a  full  libertie  in  religious  concernements ;  and 
that  true  pietye  rightly  grounded  upon  gospell  principles,  will  give  the 
best  and  greatest  security  to  sovereignetye,  and  will  lay  in  the  hearts 
of  men  the  strongest  obligations  to  true  loyaltie :  i*T0to  fenofo  get, 
that  wee  beinge  willinge  to  encourage  the  hopefull  undertakeinge  of 
oure  sayd  loyall  and  loveinge  subjects,  and  to  secure  them  in  the  free 
exercise  and  enjoyment  of  all  theire  civill  and  religious  rights,  apper 
taining  to  them,  as  our  loveing  subjects ;  and  to  preserve  unto  them 
that  libertye,  in  the  true  Christian  ffaith  and  worshipp  of  God,  which 


THE   RHODE   ISLAND   CHARTER  295 

they  have  sought  with  soe  much  travaill,  and  with  peaceable  myndes, 
andloyallsubjectione  to  our  roy all  progenitors  and  ourselves,  to  enjoy e  ; 
and  because  some  of  the  people  and  inhabitants  of  the  same  colonie 
cannot,  in  theire  private  opinions,  conforme  to  the  publique  exercise  of 
religion,  according  to  the  litturgy,  formes  and  ceremonyes  of  the  Church 
of  England,  or  take  or  subscribe  the  oaths  and  articles  made  and  estab 
lished  in  that  behalf  e;  and  for  that  the  same,  by  reason  of  the  remote 
distances  of  those  places,  will  (as  wee  hope)  bee  noe  breach  of  the 
unitie  and  unifformitie  established  in  this  nation :  .  .  .  doe  hereby  .  .  . 
declare,  That  our  royall  will  and  pleasure  is,  that  noe  person  within 
the  sayd  colonye,  at  any  tyme  hereafter,  shall  bee  any  wise  molested, 
punished,  disquieted,  or  called  in  question,  for  any  differences  in  opinione 
in  matters  of  religion,  and  [i.e.,  if  he]  doe  not  actually  disturb  the 
civill  peace  of  our  sayd  colony ;  but  that  all  and  everye  person  and 
persons  may,  from  tyme  to  tyme,  and  at  all  tymes  hereafter,  freelye 
andfullye  have  and  enjoy  e  his  and  theire  owne  judgments  and  consciences, 
in  matters  of  religious  concernments,  throughout  the  tract  of  lande 
hereafter  mentioned;  they  behaving  themselves  peaceablie  and  quietlie, 
and  not  useing  this  libertie  to  lycentiousnesse  and  profanenesse,  nor  to 
the  civill  injury  e  or  outward  disturbeance  of  others  ;  any  lawe,  statute, 
or  clause,  therein  contayned,  or  to  bee  contayned,  usage  or  custome  of 
this  realme,  to  the  contrary  hereof,  in  any  wise,  notwithstanding.  And 
that  they  may  bee  in  the  better  capacity  to  defend  themselves, 
in  theire  just  rights  and  libertyes  .  .  .  foee  .  .  .  doe  ordeyne, 
.  .  .  That  they,  the  sayd  William  Brenton  .  .  .  [and  others] 
and  all  such  others  as  now  are,  or  hereafter  shall  bee  admitted 
and  made  ffree  of  the  company  and  societie  of  our  collonie  of 
Providence  Plantations,  in  the  Narragansett  Bay,  in  New-Eng 
land,  shall  bee,  from  tyme  to  tyme,  and  forever  hereafter,  a 
bodie  corporate  and  politique,  ...  by  the  name  of  2Tfje  (dober* 
n0ur  ant?  Compang  of  tfje  lEnglis!)  Collonie  of  3&f)obe=I0lanti  anb 
Probiomce  plantations,  in  $tfB=!5nglanl!,  in  America.  .  .  .  Into 
further,  wee  .  .  .  doe  declare..  .  .  that  .  .  .  there  shall  bee 
one  Governour,  one  Deputie-Governour  and  ten  Assistants,  to 
bee  from  tyme  to  tyme,  constituted,  elected  and  chosen,  out  of 
the  freemen  of  the  sayd  Company,  for  the  tyme  beinge,  in  such 


296  LIBERAL  CHARTERS,    1662,    1663 

manner  and  fforme  as  is  hereafter  in  these  presents  expressed. 
.  .  .  [First  set  of  magistrates  named,  to  continue  until  the  next 
Court.]  &nlJ  further,  wee  .  .  .  doe  ordeyne  .  .  .  that  the  Gover 
nor  of  the  sayd  Company,  for  the  tyme  being,  or,  in  his  absence, 
by  occassion  of  sicknesse,  or  otherwise,  by  his  leave  and  per 
mission,  the  Deputy-Governor,  ffor  the  tyme  being,  shall  and 
may,  ffrom  tyme  to  tyme,  upon  all  occassions,  give  order  ffor 
the  assemblinge  of  the  sayd  Company,  and  callinge  them  to 
gether,  to  consult  and  advise  of  the  businesse  and  affaires  of 
the  sayd  Company.  &ntJ  tfjat  forever  hereafter,  twice  in  every 
year,  that  is  to  say,  on  every  first  Wednesday  in  the  moneth 
of  May,  and  on  every  last  Wednesday  in  October,  or  oftener, 
in  case  it  shall  bee  requisite,  the  Assistants,  and  such  of  the 
ffreemen  of  the  Company,  not  exceedinge  six  persons  ffor  New 
port,  ffoure  persons  ffor  each  of  the  respective  townes  of  Provi 
dence,  Portsmouth  and  Warwicke,  and  two  persons  for  each  other 
place,  towne  or  city,  whoe  shall  bee,  from  tyme  to  tyme,  there 
unto  elected  or  deputed  by  the  majour  parte  of  the  ffremen  of 
the  respective  townes  or  places  .  .  .  shall  have  a  generall 
meetinge,  or  Assembly  then  and  there  to  ...  determine  .  .  . 
the  affaires  and  businesse  of  the  said  Company  and  Plantations. 
&nti  furtfjEr,  wee  doe  .  .  .  give  and  graunt  unto  the  sayd  Gov- 
ernour  and  Company  of  the  English  collony  of  3&f)0be=Wanli 
attto  Probitience  plantations,  in  New-England,  in  America,  and 
theire  successours,  that  the  Governour,  or,  in  his  absence,  or, 
by  his  permission,  the  Deputy-Governour  of  the  sayd  Company, 
for  the  tyme  beinge,  the  Assistants,  and  such  of  the  ffreemen  of 
the  sayd  Company  as  shall  bee  soe  as  aforesayd  elected  or  de 
puted,  or  soe  many  of  them  as  shall  bee  present  att  such  meetinge 
or  assernblye,  as  afforesayde,  shall  bee  called  the  Generall  Assem- 
blye;  and  that  they,  or  the  greatest  parte  of  them  present 
(whereof  the  Governour  or  Deputy-Governour,  and  sixe  of  the 
Assistants,  at  least  to  bee  seven)  shall  have  .  .  .  ffull  power 
[and]  authority,  ffrom  tyme  to  tyine,  and  at  all  tymes  here 
after,  to  apoynt,  alter  and  change,  such  dayes,  tymes  and  places 
of  meetinge  and  Generall  Assembly e,  as  theye  shall  thinke 


THE   RHODE   ISLAND   CHARTER  297 

ffitt ;  &nfc  furtfj;r  [other  powers  of  the  Assembly,  as  in  the  Con 
necticut  Charter]  .  .  .  wee  doe  .  .  .  establish  and  ordeyne, 
that  yearelie,  once  in  the  yeare,  forever  hereafter,  namely,  the 
aforesayd  Wednesday  in  May,  and  at  the  towne  of  Newport,  or 
elsewhere,  if  urgent  occasion  doe  require,  the  Governour,  Dep- 
uty-Governour  and  Assistants  of  the  sayd  Company,  and  other 
officers  of  the  sayd  Company,  or-such  of  them  as  the  Generall 
Assembly e  shall  thinke  ffitt,  shall  bee,  in  the  sayd  Generall 
Court  or  Assembly  to  bee  held  from  that  daye  or  tyme,  newly 
chosen  for  the  year  ensueing,  by  such  greater  part  of  the  sayd 
Company,  for  the  tyme  beinge,  as  shall  bee  then  and  there 
present  .  .  . 

[Provisions  for  temporary  government ;  for  prevention  of 
Indian  troubles  in  relation  to  other  colonies  ;  for  boundaries, 
etc.]  ShrtJ  furtjjer,  our  will  and  pleasure  is,  that  in  all  matters 
of  publique  controversy  which  may  fall  out  betweene  our 
Collony  of  Providence  Plantations,  and  the  rest  of  our 
Collonies  in  New-England,  itt  shall  and  may  bee  lawful  to 
and  for  the  Governour  and  Company  of  the  sayd  Collony  of 
Providence  Plantations  to  make  their  appeals  therein  to  us, 
our  heirs  and  successours,  for  redresse  in  such  cases,  within 
this  our  realme  of  England:1  and  that  itt  shall  be  lawfull  to 
and  for  the  inhabitants  of  the  sayd  Collony  of  Providence 
Plantations,  without  let  or  molestation,  to  passe  and  repasse  with 
freedome,  into  and  through  the  rest  of  the  English  Collonies, 
upon  their  lawfull  and  civill  occasions,  and  to  converse,  and 
hold  commerce  and  trade,  with  such  of  the  inhabitants  of  our 
other  English  Collonies  as  shall  bee  willing  to  admitt  them  there 
unto,  they  behaveing  themselves  peaceably  among  them;  any 
act,  clause  or  sentence,  in  any  of  the  sayd  Collonies  provided, 
or  that  shall  bee  provided,  to  the  contrary  in  anywise 
notwithstanding.  .  .  . 

1  Observe,  this  is  not  an  appeal  from  the  colonial  court  by  an  individual. 
The  clause  has  reference  to  the  troubles,  then  recent>  between  Rhode  Island 
and  Massachusetts  —  the  latter  having  threatened  to  exclude  Rhode  Island 
commerce. 


XIX.     AN   ENGLISH   COLONIAL   SYSTEM 

99.  Instructions  for  the  Councill  oppointed  for  Forraigne 
Plantations  (1660)  by  Charles  II 

O'Callaghan's  Documents  relative  to   the    Colonial  History  of  New 
York  (1853),  III,  34-36. 

For  the  significance  of  this  first  permanent  "Colonial  Department," 
cf.  American  History  and  Government,  §  95. 

1.  You  shall  inf  orme  yourselves  by  the  best  way  es  and  meanes 
you  can  of  the  state  and  condicion  of  all  Forraigne  Plantac[i]ons, 
and  by  what  co[m]  missions  or  authorities  they  are  and  have 
bene  governed  and  disposed  of ;  and  are  to  procure  either  from 
such  persons  as  have  any  graunts  thereof  from  the  Croun,  or 
from  the  records  themselves,  the  copies  of  all  such  commissions 
or  graunts,  to  be  transcribed  and  registered  in  a  booke  pro 
vided  for  that  purpose,  that  you  may  be  the  better  able  to 
understand  judge  and  administer  such  affaires,  as  by  your 
commission  and  instruccions  are  intrusted  to  your  care  and 
management. 

2.  You  shall  forthwith  write  letters  to  evrie  of  our  Governors 
for  the  time  being  of  all  our  English  Plantacions  and  to  evrie 
such  person  or  persons  who  by  any  Letters  Pattents  from  us 
or  any  of  our  predcesors  doe  claime  or  exercise  a  right  of 
governement  in  any  of  the  said  plantacions  in  which  letteres 
you  are  to  informe  them  of  our  gratious  care  and  provision  in 
their  behalfe  both  in  erecting  a  General  Councill  of  Trade 
wherein  their  concernments  are  mingled  and  provided  for  with 
the  rest  of  our  dominions  and  especially  of  this  particular 
Councell  which  is  applyed  only  to  the  inspeccion  care  and  con 
duct  of  Forraigne  Plantacions. 

3.  You  are  in  the  said  letters  to  require  the  said  Governors 
and  persons  above  mesioned,  to  send  unto  you  in  writeing  with 
the  advise  of  the  Councell  of  evrie  of  the  said  plantacions 

298 


A  COLONIAL  DEPARTMENT  299 

respectively,  perticuler  and  exact  accompt  of  the  state  of  their 
affaires;  of  the  nature  and  constitucoin  of  their  lawes  and 
governement  and  in  what  modell  and  frame  they  move  and  are 
disposed  ;  what  numbers  of  men  ;  what  fortifications  and  other 
strengths  and  defences  are  upon  the  place,  and  how  furnished 
and  provided  for. 

4.  You  are  to  order  and  settle  such  a  continuall  correspond- 
encie  that  you  may  be  able,  as  often  as  you  are  required  there 
unto,  to  give  up  to  us  an  accompt  of  the  Government  of  each 
Colonie;   of  their  complaints,  their  wants,  their  abundance; 
of  their  severall   growths  and  commodities;    of  every  shipp 
trading  there  and  its  ladeing  and  whither  consigned ;  and  what 
the  proceeds  of  that  place  have  beene  in  the  late  yeares ;  that 
thereby  the  intrinsick  value  and  the  true  condicion  of  each 
part  and  of  the  whole  may  be  thoroughly  understood ;  whereby 
a  more  steady  judgement  and  bajlance  may  be  made  for  the 
better  ordering  and  disposing  of  trade  and  of  the  proceede  and 
improvements  of  the  Plantacions ;  that  soe  each  place  within 
it  selfe,  and  all  of  them  being  collected  into  one  viewe  and 
management  here,  may  be  regulated  and  ordered  upon  common 
and  equall  ground  and  principles. 

5.  You  are  to  applie  your  selves  to  all  prudentiall  meanes  for 
the  rendering  those  dominions  usefull  to  England  and  England 
helpfull  to  them,  and  for  the  bringing  the  severall  Colonies 
and  Plantacions,  within  themselves,  into  a  more  certaine  civill 
and  uniforme  goverenment  and  for  the  better  ordering  and  dis- 
tributeing  of  publique  justice  among  them. 

6.  You  are  to  enquire  diligently  into  the  severall  governments 
and  Coimcells  of  Colonies  Plantacions  and  distant  Dominions, 
belonging  to  other  Princes  or  States,  and  to  examine  by  what 
conduct  and  pollicies  they  governe  or  benefit  them ;  and  you 
are   to  consult   and  provide  that  if  such  councells  be   good 
wholsome  and  practiceable,  they  may  be  applied  to  the  use  of  our 
Plantacions ;  or  if  they  tend  or  were  designed  to  the  prejudice 
or  disadvantage  thereof  or  of  any  of  our  subjects  or  of  trade  or 
commerce,  how  they  may  be  ballanced  or  turned  back  upon  them. 


300  AN  ENGLISH  COLONIAL  SYSTEM 


11.  You  are  lastly  required  and  impowered  to  advise  order 
settle  and  dispose  of  all  matters  relating  to  the  good  governm* 
improvement  and  management  of  our  Forraine  Plantacons  or 
any  of  them,  with  your  utmost  skill  direccon.  and  prudence. 
And  in  all  cases  wherein  you  shall  judge  that  further  powers 
and  assistants  shall  be  necessary,  you  are  to  addresse  your 
selves  to  us  [or]  our  Privy  Councill  for  our  further  pleasure 
resolucon  and  direccon  s  therein. 

100.  The  Commercial  Policy 

a.    "First"1  Navigation  Act,  1660 

Statutes  of  the  Bealm,  V,  246-250.  The  act  is  known  as  12  Car.  II, 
c.  18.  The  text  would  fill  some  ten  pages  of  this  volume.  For  history 
and  references  upon  this  and  subsequent  navigation  acts,  cf .  American 
History  and  Government,  §§  96,  \16. 

AN  ACT  for  the  Encourageing  and  increasing  of  Shipping  and 

Navigation. 

[1.]  For  the  increase  of  Shiping  and  incouragement  of  the 
Navigation  of  this  Nation,  (wherin,  under  the  good  providence 
and  protection  of  God,  the  Wealth,  Safety,  and  Strength  of 
this  Kingdome  is  soe  much  concerned),  Bee  it  Enacted  by  the 
Kings  most  Excellent  Majesty  and  by  the  Lords  and  Commons 
in  this  present  Parliament  assembled  and  the  Authoritie  therof, 
that  from  and  after  [December  1,  1660],  and  from  thence  for 
ward,  noe  Goods  or  Commodities  whatsoever  shall  be  Imported 
into  or  Exported  out  of  any  Lands,  Islelands,  Plantations, 
or  Territories  to  his  Majesty  belonging  or  in  his  possession 
or  which  may  hereafter  belong  unto  or  be  in  the  possession  of 
His  Majesty  His  Heires  and  Successors,  in  Asia,  Africa,  or 
America,  in  any  other  Ship  or  Ships,  Vessell  or  Vessells  what- 

1  The  first  part  of  this  act  is  copied  almost  word  for  word  from  an  act  of 
the  Long  Parliament  in  1651.  That  act,  however,  was  not  enforced.  It  ap 
plied  only  to  shipping.  The  Act  of  1660  added  the  "enumerating"  clause 
(XVIII). 


THE   COMMERCIAL  POLICY  301 

soever,  but  in  such  Ships  or  Vessels  as  doe  truely  and  without 
fraude  belong  onely  to  the  people  of  England  or  Ireland, 
Dominion  of  Wales,  or  Towne  of  Berwicke  upon  Tweede,  or 
are  of  the  built  of,  and  belonging  to  any  of  the  said  Lands,  Is 
lands,  Plantations,  or  Territories  .  .  .  and  whereof  the  Master 
and  three  fourthes  of  the  Marriners  at  least  are  English,1  under 
the  penalty  of  the  Forfeiture  [of  Vessell  and  Cargo]  .  .  . 

[III.  In  like  words,  limits  the  commerce  of  England  herself 
to  the  same  shipping.] 

[XVIII.]  And  it  is  further  Enacted  .  .  .  That  from  and 
after  .  .  .  [April  1,  1661]  .  .  .  noe  Sugars,  Tobaccho,  Cotton- 
Wool,  Indicoes,  Ginger,  Fustick,  or  other  dyeing  wood,  of  the 
Growth,  Production,  or  Manufacture  of  any  English  Plan 
tations  in  America,  Asia  or  Africa  shall  be  shiped,  carryed, 
conveyed,  or  transported  from  any  of  the  said  English  Plan 
tations  to  any  Land,  Island,  Territory,  Dominion,  Port,  or 
place  whatsoever,  other  than  to  such  other  English  Plantations 
as  doe  belong  to  His  Majesty  His  Heires  and  Successors,  or 
to  the  Kingdome  of  England  or  Ireland  or  Principallity  of 
Wales  or  Towne  of  Berwicke  upon  Tweede  .  .  .  under  penalty 
of  forfeiture  [as  before]  .  .  . 

b.    Second  Navigation  Act,  1663 
Statutes  of  the  Bealm,  V,  449-452  (15  Car.  II,  c.  7). 

The  act  of  1660  had  (1)  "protected"  English  and  colonial  shipping  by 
shutting  out  all  other  shipping  from  the  English  and  colonial  trade  ;  and 
(2)  it  had  "enumerated"  a  few  semi-tropical  products  which  colonies 
could  export  only  to  England.  This  act  of  1663  provides  that  all  European 
imports  to  the  colonies  must  be  obtained  through  England. 

1  Question  having  arisen  in  regard  to  the  definition  of  English-built  ships 
and  English  mariners,  these  teiuns  were  defined  in  section  V  of  the  Act  of  1662 
(14  Car.  II,  c.  11).  The  portion  of  the  section  relating  to  mariners  follows  : 
"  And  whereas  it  is  required  by  the  said  Act  that  in  sundry  cases  the  Master 
and  three  fourths  of  the  Mariners  are  to  be  English,  it  is  to  be  understood 
that  any  of  His  Majesties  Subjects  of  England,  Ireland,  and  His  Plantations 
are  to  bee  accounted  English,  and  no  others.  .  .  ."  —  Statutes  of  the  Realm, 
V,  395. 


302  AN  ENGLISH  COLONIAL  SYSTEM 

AN  ACT  for  the  Encouragement  of  Trade. 

[IV.]  AND  in  reguard  His  Magesties  Plantations  beyond 
the  Seas  are  inhabited  and  peopled  by  His  Subjects  of  this 
His  Kingdome  of  England,  For  the  maintaining  a  greater 
correspondence  and  kindnesse  betweene  them  and  keepeing 
them  in  a  firmer  dependance  upon  it,  and  rendring  them  yet 
more  beneficiall  and  advantagious  unto  it  in  the  farther  Im- 
ployment  and  Encrease  of  English  Shipping  and  Seamen,  vent 
of  English  Woollen  and  other  Manufactures  and  Commodities, 
rendring  the  Navigation  to  and  from  the  same  more  safe  and 
cheape,  and  makeing  this  Kingdome  a  Staple  not  onely  of  the 
Commodities  of  those  Plantations  but  alsoe  of  the  Commodities 
of  other  Countryes  and  Places  for  the  supplying  of  them,  and 
it  being  the  usage  of  other  Nations  to  keepe  their  Plantation 
Trade  to  themselves,  Be  it  enacted,  and  it  is  hereby  enacted, 
That  from  and  after  [March  25,  1664],  noe  Comrnoditie  of  the 
Growth,  Production,  or  Manufacture,  of  Europe,  shall  be 
imported  into  any  Land,  Island,  Plantation,  Colony,  Territory, 
or  Place,  to  His  Majestie  belonging,  or  which  shall  [belong 
hereafter]  unto,  or  be  in  the  Possession  of  His  Majestie  His 
Heires  and  Successors,  in  Asia,  Africa,  or  America,  (Tangier 
onely  excepted)  but  what  shall  be  bona  fide  and  without 
fraude  laden  and  shipped  in  England,  Wales,  [and]  the  Towne 
of  Berwicke  upon  Tweede,  and  in  English  built  Shipping,  .  .  . 
and  whereof  the  Master  and  three  Fourthes  of  the  Marriners 
at  least  are  English,  and  which  shall  be  carryed  directly 
thence  to  the  said  Lands,  Islands,  Plantations,  Colonyes,  Terri 
tories,  or  Places,  and  from  noe  other  place  or  places  what 
soever,  Any  Law,  Statute,  or  Usage,  to  the  contrary  notwith 
standing,  under  the  Penaltie  [of  forfeiture  of  vessel  and 
cargo].  .  . 

[V.]  PROVIDED  alwayes  .  .  .  That  it  shall  and  may  be 
lawfull  to  shipp  and  lade  in  such  Shipps,  and  soe  navigated 
as  in  the  foregoeing  Clause  is  sett  downe  and  expressed,  in 
any  part  of  Europe,  Salt  for  the  Fisheries  of  New  England 


THE   COMMERCIAL  POLICY  303 

and  New  found  land,  and  to  shipp  and  lade  in  the  Medera's 
Wines  of  the  Growth  thereof,  and  to  shipp  and  lade  in  the 
Westerne  Islands  or  Azores  Wines  of  the  Growth  of  the  said 
Islands,  and  to  shipp  [or]  take  in  Servants  or  Horses  in  Scot 
land  or  Ireland,  and  to  shipp  or  lade  in  Scotland  all  sorts  of 
Victuall  of  the  Growth  of  Production  of  Scotland,  and  to  shipp 
or  lade  in  Ireland  all  sortes  of  Victuall  of  the  Growth  or  Pro 
duction  of  Ireland,  and  the  same  to  transport  into  any  of  the 
said  Lands,  Islands,  Plantations,  Colonyes,  Territories,  or 
Places,  Any  thing  in  the  foregoeing  Clause  to  the  contrary  in 
any  wise  notwithstanding. 

[The  extension  of  the  navigation  policy  after  1690  to  restrict  American 
manufactures,  with  some  additions  to  the  "enumerated  articles"  in  the 
First  Navigation  Act,  is  not  illustrated  in  this  volume.  For  this,  with 
quotations  from  the  laws,  see  American  History  and  Government,  §  116. 
But  the  following  law  (c)  of  the  later  period  has  so  unique  a  significance 
that  it  is  here  inserted,  out  of  its  chronological  order.  Cf.  American 
History  and  Government,  §  116,  note  at  close.] 

c.  Sugar  Act  of  1733.     May  17/27,  1733 

Pickering's  Statutes  at  Large,  XVI,  374-379  (6  Geo.  II,  c.  13).  (Italics 
only  as  in  the  original.) 

An  act  for  the  better  securing  and  encouraging  the  trade  of 
his  Majesty's  sugar  colonies  in  America. 

WHEREAS  the  welfare  and  prosperity  of  your  Majesty' 's  sugar 
colonies  in  America  are  of  the  greatest  consequence  and  importance 
to  the  trade,  navigation  and  strength  of  this  kingdom :  and  whereas 
the  planters  of  the  said  sugar  colonies  have  of  late  years  fallen  under 
such  great  discouragements,  that  they  are  unable  to  improve  or 
carry  on  the  sugar  trade  upon  an  equal  footing  with  the  foreign 
sugar  colonies,  without  some  advantage  and  relief  be  given  to 
them  from  Great  Britain :  for  remedy  whereof  ...  be  it 
enacted  .  .  .  ,  That  from  and  after  [December  25, 1733],  there 
shall  be  raised,  levied,  collected  and  paid,  unto  and  for  the  use 
of  his  Majesty  .  .  .  ,  upon  all  rum  or  spirits  of  the  produce  or 
manufacture  of  any  of  the  colonies  or  plantations  in  America, 


304  AN  ENGLISH  COLONIAL  SYSTEM 

not  in  the  possession  or  under  the  dominion  of  his  Majesty 
.  .  .  ,  which  at  any  time  or  times  within  or  during  the  contin 
uance  of  this  act,  shall  be  imported  or  brought  into  any  of  the 
colonies  or  plantations  in  America,  which  now  are  or  hereafter 
may  be  in  the  possession  or  under  the  dominion  of  his  Majesty 
.  .  .  ,  the  sum  of  nine  pence,  money  of  Great  Britain  .  .  .  , 
for  every  gallon  thereof,  and  after  that  rate  for  any  greater  or 
lesser  quantity  :  and  upon  all  molasses  or  syrups  of  such  foreign 
produce  or  manufacture  as  aforesaid,  which  shall  be  imported 
or  brought  into  any  of  the  said  colonies  or  plantations  of  or  be 
longing  to  his  Majesty,  the  sum  of  six  pence  of  like  money  for 
every  gallon  thereof  .  .  .  and  upon  all  sugars  and  paneles  of 
such  foreign  growth,  produce,  or  manufacture  as  aforesaid,  which 
shall  be  imported  into  any  of  the  said  colonies  or  plantations  of 
or  belonging  to  his  Majesty,  a  duty  after  the  rate  of  five  shil 
lings  of  like  money,  for  every  hundred  weight  Avoirdupoize.  .  .  . 

[Sections  II-VIII  make  provision  for  enforcing  the  act  and 
for  extending  its  provisions  to  Ireland.] 

IX.  And  it  is  hereby  further  enacted  .  .  .  ,  That  in  case  any 
sugar  or  paneles  of  the  growth,  produce  or  manufacture  of  any 
of  the  colonies  or  plantations  belonging  to  or  in  the  possession 
of  his  Majesty  .  .  .  ,  which  shall  have  been  imported  into 
Great  Britain  after  the  twenty-fourth  day  of  June  one  thousand 
seven  hundred  and  thirty-three,  shall  at  any  time  within  one 
year  after  the  importation  thereof,  be  again  exported  out  of 
Great  Britain,  and  that  due  proof  be  first  made,  by  certificate 
from  the  proper  officers,  of  the  due  entry  and  payment  of  the 
subsidies  or  duties  charged  or  payable  upon  the  importation 
thereof,  together  with  the  oath  of  the  merchant  or  his  agent 
importing  and  exporting  the  same,  or  in  case  such  merchant  or 
agent  shall  be  one  of  the  people  called  Quakers,  by  his  solemn 
affirmation  to  the  truth  thereof,  and  that  all  other  requisites 
shall  be  performed  that  are  by  law  to  be  performed  in  cases 
where  any  of  the  said  subsidies  or  duties  are  to  be  paid  by  any 
former  statute,  all  the  residue  and  remainder  of  the  subsidy  or 
duty,  by  any  former  act  or  acts  of  parliament  granted  and 


A  PROPRIETARY  CHARTER  305 

charged  on  such  sugar  or  paneles  as  aforesaid,  shall  without 
any  delay  or  reward  be  repaid  to  such  merchant  or  merchants, 
who  do  export  the  same,  within  one  month  after  demand 
thereof.1 

[X.   Rebate  and  bounty  in  England  upon  sugar  refined  from 
brown  sugar  imported  from  English  colonies.] 


101.   The  Duke  of  York's  Charter  for  New  York,  March   12/22, 

1663/4 

O'Callaghan's  Documents  relating  to  the  Colonial  History  of  New 
York,  II,  295-298. 

This  grant  was  made  some  months  before  the  English  were  in  actual 
possession  of  the  territory.  After  the  loss  and  recapture  of  the  Province 
in  1673-1674,  a  second  grant  was  issued  by  Charles  II,  practically  identical 
with  this  one  of  1664. 

CHARLES  the  Second,  .  .  .  [etc.]  .  .  .  Know  ye  that  we 
...  by  these  presents  for  us  Our  heirs  and  Successors  Do  Give 
and  Grant  unto  our  Dearest  Brother  James  Duke  of  York  his 
Heirs  and  Assigns  All  that  part  of  the  .maine  Land  of  New 
England 2  .  .  .  [detailed  bounds,  the  Duke  to  pay  yearly  forty 
beaver  skins,  "  when  they  shall  be  demanded,  or  within  ninety 
days  after"].  And  We  do  further  .  .  .  Grant  unto  our  said 
Dearest  Brother  James  Duke  of  York  his  Heirs,  [etc]  full  and 
absolute  power  and  authority  to  correct,  punish,  pardon,  govern 
and  rule  all  such  the  subjects  of  us  Our  Heirs  and  Successors 
who  may  from  time  to  time  adventure  themselves  into  any 
the  parts  or  places  aforesaid  or  that  shall  or  do  at  any  time 
hereafter  inhabit  within  the  same,  according  to  such  Laws,  Orders, 
Ordinances,  Directions  and  Instruments  as  by  our  said  Dearest 

!The  sugar  from  the  English  colonies  also  paid  duties  on  admission  into 
English  ports  (lower  than  these  here  prescribed  for  foreign  sugars) ;  but  such 
duties  were  to  be  rebated,  according  to  this  section  IX,  upon  reexportation. 

2  The  name  "  New  England  "  still  applied  to  all  English  America  north  of 
Delaware  Bay. 


306  AN  ENGLISH  COLONIAL  SYSTEM 

Brother  or  his  Assigns  shall  be  established,  And  in  defect  thereof, 
in  cases  of  necessity,  according  to  the  good  discretions  of  his 
Deputies,  Commissioners,  Officers  or  Assigns  respectively,  as 
well  in  all  causes  and  matters  Capital  and  Criminal  as  civil 
both  marine  and  others.  So  always  as  the  said  Statutes  Or 
dinances  and  proceedings  be  not  contrary  to  but  as  near  as 
conveniently  may  be  agreeable  to  the  Laws,  Statutes  and  Gov 
ernment  of  this  Our  Realm  of  England  And  saving  and  reserv 
ing  to  us  our  Heirs  and  Successors  the-  receiving,  hearing  and 
determining  of  the  Appeal  and  Appeals  of  all  or  any  Person  or 
Persons  of  in  or  belonging  to  the  territories  or  Islands  aforesaid 
in  or  touching  any  Judgment  or  Sentence  to  be  there  made  or 
given1  And  further  that  it  shall  and  may  be  lawful  to  and 
for  our  said  Dearest  Brother  his  Heirs  and  Assigns  by  these 
presents  from  time  to  time  to  nominate,  make,  constitute,  ordain 
and  confirm  by  such  name  or  names  stile  or  stiles  as  to  him  or 
them  shall  seem  good  and  likewise  to  revoke,  discharge,  change 
and  alter  as  well  all  and  singular  Governors,  Officers  and  Minis 
ters  which  hereafter  shall  be  by  him  or  them  thought  fit  and 
needful  to  be  made  or  used  within  the  aforesaid  parts  and 
Islands  And  also  to  make,  ordain  and  establish  all  manner  of 
Orders,  Laws,  directions,  instructions,  forms  and  Ceremonies 
of  Government  and  Magistracy  fit  and  necessary  for  and  Con 
cerning  the  Government  of  the  territories  and  Islands  afore 
said,  so  always  as  the  same  be  not  contrary  to  the  laws  and 
statutes  of  this  Our  Realm  of  England  but  as  near  as  may  be 
agreeable  thereunto  .  .  .  And  We  do  further  .  .  .  Grant  .  .  . 
That  it  shall  and  may  be  lawful  to  and  for  the  said  James 
Duke  of  York  his  heirs  and  Assigns  in  his  or  their  discretions 
from  time  to  time  to  admit  such  and  so  many  Person  and 
Persons  to  trade  and  traffic  unto  and  within  the  Territories 
and  Islands  aforesaid  and  into  every  or  any  part  and  parcel 
thereof  and  to  have  possess  and  enjoy  any  Lands  or  Heredita- 

1  This  was  the  first  charter  provision  for  appeal  from  a  colonial  court  to 
England.  The  question  had  arisen  just  before  in  connection  with  the  New 
England  colonies.  Cf.  American  History  and  Government,  §  99. 


PENN'S  GRANT  OF  PENNSYLVANIA  307 

ments  in  the  parts  and  places  aforesaid,  as  they  shall  think  fit, 
according  to  the  Laws,  Orders,  Constitutions  and  Ordinances 
by  Our  said  Brother  his  Heirs,  Deputies,  Commissioners  and 
Assigns  from  time  to  time  to  be  made  and  established  .  .  . 
and  under  such  conditions,  reservations,  and  agreements  as 
Our  said  Brother  his  Heirs  or  Assigns  shall  set  down,  order, 
direct  and  appoint,  and  not  otherwise.  .  .  . 

[Observe  the  absence  of  any  provision  for  participation  by  the  settlers 
in  lawraaking.  The  charter  does  tiot  even  contain  the  usual  guarantee 
of  the  "rights  of  Englishmen,1'  though  the  provision  for  appeals  to  Eng 
lish  courts  would  secure  such  rights  indirectly.  Cf.  American  History 
and  Government,  §  109.] 

102.  Penn's  Grant  of  Pennsylvania,  March  4/14,  1680/88 

Charters  and  Laws,  of  Pennsylvania  (Harrisburg,  1879),  81-90. 

Penn  made  the  first  draft  of  this  charter  from  Baltimore's  Maryland 
Charter  of  1032,  but  the  Attorney-General  inserted  several  clauses  which 
increased  the  authority  of  the  English  government,  cf .  American  History 
and  Government,  §  110. 

CHAKLES  THE  SECOND  [etc.].  .  .  .  Whereas  our  Trustie 
and  well  beloved  Subject,  William  Penn,  Esquire,  sohn  and 
heire  of  Sir  William  Penn,  deceased,  out  of  a  commendable 
desire  to  enlarge  out  English  Empire,  and  promote  such  usefull 
comodities  as  may  bee  of  benefitt  to  us  and  our  Dominions,  as 
alsoe  to  reduce  the  Savage  Natives  by  gentle  and  just  manners 
to  the  love  of  civill  Societie  and  Christian  Religion  hath 
humbley  besought  leave  of  us  to  transport  an  ample  colonie 
unto  a  certaine  Countrey  hereinafter  described  in  the  partes 
of  America  not  yet  cultivated  and  planted.  And  hath  like 
wise  humbley  besought  our  Roy  all  Majestic  to  give,  grant, 
and  confirm  all  the  said  Countrey  with  certaine  priviledges 
and  Jurisdiccons  requisite  for  the  good  Government  and 
safetie  of  the  said  Countrey  and  Colonie,  to  him  and  his  heirs 
forever.  Knowe  yee,  therefore,  that  wee  favouring  the  petition 
and  good  purpose  of  the  said  William  Penn,  and  haveing 


308  AN  ENGLISH  COLONIAL  SYSTEM 

regard  to  the  memorie  and  raeritts  of  his  late  father  ...  by 
this  Our  present  Charter,  for  us,  Our  heires  and  successors, 
Doe  give  and  grant  unto  the  said  William  Penn,  his  heires 
and  assignes  All  that  Tract  or  parte  of  land  in  America,  [the 
long  and  indefinite  bounding  clause  follows.]  .  .  .  and  him 
the  said  William  Penn,  his  heires  and  Assignes,  Wee  do,  by  this 
our  Royall  Charter  .  .  .  make,  .  .  .  the  true  and  absolute 
Proprietaries  of  the  Countrey  aforesaid,  Saving  unto  us  ... 
the  Sovreignity  of  the  aforesaid  Countrey  ...  To  bee 
holden  of  us,  our  heires  and  Successors,  Kings  of  Eng 
land,  as  of  our  Castle  of  Windsor,  in  our  County  of  Berks, 
in  free  and  common  socage  by  fealty  only  for  all  services,  and 
not  in  Capite  or  by  Knights  services,  Yeelding  and  paying 
therefore  .  .  .  two  beaver  Skins  to  bee  delivered  att  our  said 
Castle  of  Windsor,  on  the  first  day  of  Januarie,  in  every  yeare ; 
and  also  the  fifth  parte  of  all  Gold  and  Silver  Oare,  which 
shall  from  time  to  time  happen  to  be  found  within  the  Limitts 
aforesaid,  cleare  of  all  Charges,  and  .  .  .  wee  doe  hereby 
erect  the  aforesaid  Countrey  and  Islands,  into  a  Province  and 
Seigniorie,  and  doe  call  itt  Pensilvania  .  .  .  ,  And  forasmuch 
as  wee  have  hereby  made  and  ordeyned  the  aforesaid  William 
Penn,  his  heires  and  assignes,  the  true  and  absolute  Proprietaries 
of  all  the  Lands  and  Dominions  aforesaid.  Know  yee  there 
fore,  that  wee  reposing  speciall  trust  and  Confidence  in  the 
fidelitie,  wisdome,  Justice,  and  provident  circumspeccon  of 
the  said  William  Penn  .  .  .  ,  Doe  grant  free,  full  and  absolute 
power,  by  vertue  of  these  presents  to  him  and  his  heires,  and 
to  his  and  their  Deputies,  and  Lieutenants,  for  the  good  and 
happy  government  of  the  said  Countrey,  to  ordeyne,  make, 
Enact,  and  under  his  and  their  Scales  to  publish,  any  Lawes 
whatsoever,  for  the  raising  money  for  the  publick  use  of  the 
said  province,  or  for  any  other  End  apperteyning  either  unto  the 
publick  state,  peace,  or  safety  of  the  said  Countrey,  or  unto 
the  private  utility  of  perticular  persons,  according  unto  their 
best  discretions,  by  and  ivith  the  advice,  assent,  and  approbacon 
of  the  freemen  of  the  said  Countrey,  or  the  greater  parte  of  them, 


PENN'S  GRANT  OF  PENNSYLVANIA  309 

or  of  their  Delegates  or  Deputies,  whom  for  the  Enacting  of  the 
said  Lawes,  when,  and  as  often  as  need  shall  require,  Wee  will, 
that  the  said  William  Penn,  and  his  heires,  shall  assemble  in  such 
sort  and  forme  as  to  him  and  them  shall  seeme  best,  and  the 
same  Lawes  duely  to  execute  unto,  and  upon  all  people  within 
the  said  Countrey  and  limitts  thereof;  And  wee  doe  like 
wise  give  and  grant  unto  the  said  William  Penn,  and  his 
heires,  and  to  his  and  their  Deputies  and  Lieutenants,  such 
power  and  authoritie  to  appoint  and  establish  any  Judges, 
and  Justices,  Magistrates  and  Officers  whatsoever,  for  what 
Causes  soever,  for  the  probates  of  will  and  for  the  granting  of 
Administracons  within  the  precincts  aforesaid,  and  with  what 
power  soever,  and  in  such  forme  as  to  the  said  William  Penn, 
or  his  heires,  shall  seeme  most  convenient.  Alsoe,  to  remitt, 
release,  pardon  and  abolish,  whether  before  Judgement  or 
after,  all  Crimes  and  Offences  whatsoever,  comitted  within  the 
said  Countrey,  against  the  said  Lawes,  Treason  and  wilfull 
and  malicious  Murder  onely  excepted ;  and  in  those  Cases,  to 
Grant  Reprieves  untill  Our  pleasure  may  bee  knowne  thereon, 
and  to  doe  all  and  every  other  thing  and  things  which  unto 
the  compleate  establishment  of  Justice  unto  Courts  and 
Tribunals,  formes  of  Judicature  and  manner  of  proceedings 
doe  belong,  altho'  in  these  presents  expresse  mencon  bee 
not  made  thereof ;  .  .  .  Provided,  Nevertheles,  that  the  said 
Lawes  bee  consonant  to  reason,  and  bee  not  repugnant  or 
contrarie,  but  as  neare  as  conveniently  may  bee  agreeable  to 
the  Lawes,  Statutes  and  rights  of  this  our  Kingdome  of  Eng 
land,  And  Save  ing  and  reserving  to  us,  Our  heirs  and  Successors, 
the  receiving,  heareing,  and  determining  of  the  Afjpeale  and 
Appeales,  of  all  or  any  person  or  persons,  of,  in  or  belonging  to 
the  Territories  aforesaid,  or  touching  any  Judgement  to  bee 
there  made  or  given  .  .  .  [In  emergencies,  the  proprietor  or 
his  representatives  may  make  ordinances  without  the  consent 
of  the  freemen ;  the  same  to  be  agreeable  to  the  laws  of 
England  with  limitation  as  in  the  Maryland  Charter.]  And 
our  further  will  and  pleasure  is,  that  the  Lawes  for  regulateing 


310  AN  ENGLISH  COLONIAL  SYSTEM 

and  governing  of  Propertie,  within  the  said  Province,  as  well 
for  the  descent  and  enjoyment  of  lands,  as  likewise  for  the 
enjoyment  and  succession  of  goods  and  Chattells,  and  likewise 
as  to  felonies,  shall  be  and  continue  the  same  as  shall  bee  for 
the  time  being,  by  the  general  course  of  the  Law  in  our 
Kingdoms  of  England,  untill  the  said  Lawes  shall  be  altered 
by  the  said  William  Penn,  his  heires  or  assignes,  and  by  the 
freemen  of  the  said  Province,  their  Delegates  or  Deputies,  or 
the  greater  part  of  them.  And  to  the  End  the  said  William 
Penn,  or  heires,  .  .  .  may  not  att  any  time  hereafter,  by  mis- 
construcon  of  the  powers  aforesaid,  through  inadvertiencie  or 
designe,  depart  from  that  faith  and  due  allegiance  which  .  .  . 
they  always  owe  unto  us,  Our  heires  and  successors,  ...  by 
force  or  colour  of  any  lawes  hereafter  to  bee  made  in  the 
said  Province,  .  .  .  Our  further  will  and  pleasure  is,  that  a, 
transcript  or  Duplicate  of  all  lawes  which  shall  bee  soe  as  aforesaid, 
made  and  published  within  the  said  province,  shall  within  five 
yeares  after  the  makeing  thereof,  be  transmitted  and  delivered  to 
the  privy  Councell,  for  the  time  being,  of  us,  our  heires  and 
successors;  And  if  any  of  the  said  Lawes  within  the  space  of 
six  months,  after  that  they  shall  be  soe  transmitted  and  de 
livered,  bee  declared  by  us,  our  heires  or  successors,  in  our  or 
their  privy  Councell,  inconsistent  with  the  sovereignety  or 
lawfull  prerogative  of  us,  our  heirs  or  successors,  or  contrary 
to  the  faith  and  allegiance  due  by  [to~\  the  legall  Government 
of  this  realme,  from  the  said  William  Penn,  or  his  heires  or 
of  the  Planters  and  Inhabitants  of  the  said  province;  and  that 
thereupon  any  of  the  said  Lawes  shall  bee  adjudged  and  de 
clared  to  bee  void  by  us,  our  heirs  or  successors,  under  our 
or  their  Privy  Seale,  that  then,  and  from  thenceforth  such  Lawes 
concerning  which  such  Judgement  and  declaracon  shall  be  made, 
shall  become  voyd,  otherwise  the  said  lawes  soe  transmitted, 
shall  remaine  and  stand  in  full  force  according  to  the  true 
intent  and  meaneing  thereof.1  .  .  . 

[Grant  of  right  to  export  products  of  the  province  into  any 
1  This  was  the  first  provision  for  a  direct  English  veto  upon  colonial  laws. 


PENN'S  GRANTS  TO  THE  PENNSYLVANIANS    311 

English  port,  "  and  not  into  any  other  country  whatsoeve," 
with  a  clause  insisting  upon  obedience  to  "  the  Acts  of  Navi 
gation."]  And  Wee  doe  further  appoint  and  ordaine  .  .  .  That 
he  the  said  William  penn,  his  heires  and  assignes,  may  from 
time  to  time  forever,  have  and  enjoy  the  Customes  and  Sub 
sidies  in  the  ports,  harbours  and  other  Creeks,  and  places 
aforesaid,  within  the  province  aforesaid,  payable  or  due  for 
merchandizes  and  wares,  there  to  be  Laded  and  unladed,  the 
said  Customes  and  Subsidies  to  be  reasonably  assessed,  upon 
any  occasion  by  themselves,  and  the  people  there  as  aforesaid, 
to  be  assembled  to  whom  wee  Give  power,  by  these  presents 
for  us,  our  heires  and  Successors,  upon  just  cause,  and  in  a  due 
proporcon,  to*  assesse  and  impose  the  same,  Saveing  unto  us,  our 
heires  and  Successors,  such  imposicons  and  customes  as  by  Act 
of  parliament  are  and  shall  be  appointed.  And  further  .  .  .  Wee 
doe  .  .  .  grant  .  .  .  That  Wee,  our  heeres  and  Successors  shall 
att  no  time  hereafter  sett  or  make,  or  cause  to  be  sett,  any 
imposition,  custome  or  other  taxacon,  rate  or  contribucon 
whatsoever,  in  and  upon  the  dwellers  and  inhabitants  of  the 
aforesaid  province,  for  their  Lands,  tenements,  goods  or  chattels, 
within  the  said  province,  or  in  and  upon  any  goods  or  mer 
chandize  within  the  said  province,  or  to  be  laden  or  unladen 
within  the  ports  or  harbours  of  the  said  province,  unles  the  same  * 
be  with  the  consent  of  the  proprietary,  or  chiefe  Governor  and 
assembly,  or  by  Act  of  parliament  in  England. l  .  .  .  . 

103.   Perm's  Grants  to  the  Pennsylvanians 

a.  "Laws  Agreed  upon  in  England,"  1683 

Hazard's  Annals  of  Pennsylvania,  568-574.  Penn  gave  a  formal 
charter  to  the  settlers  in  1683,  prefaced  by  the  following  "laws"  which 
constitute  a  bill  of  rights  and  which  were  to  be  altered  only  by  the  con 
sent  of  six  sevenths  of  the  legislature.  The  charter  of  1683  was  replaced 

1  All  italics  are  by  the  editor.  The  Pennsylvania  charter  distinctly 
recognized  the  right  of  Parliament  to  tax  the  colonists.  These  clauses,  with 
those  regarding  appeals  and  the  royal  veto,  were  added  to  Penn's  draft  by 
the  King's  Attorney-General. 


312  AN   ENGLISH  COLONIAL  SYSTEM 

by  that  of  1701  (see  6,  below)  ;    but  these  "  Lawes  "  were  a  separate 
instrument  of  government,  and  remained  in  force. 


III.  That  all   elections  of   members  or  representatives  of 
the  people  ...  of  the  province  ...  to  serve  in  the  provin 
cial  council  or  general  assembly,  to  be  held  within  the  said 
province,  shall  be  free  and  voluntary,  and  that  the  elector  that 
shall  receive  any  reward  or  gift,  in  meat,  drink,  moneys,  or 
otherwise,  shall  forfeit  his  right  to  elect ;   and  such  person  as 
shall   directly   or   indirectly   give,   promise,   or   bestow   such 
reward  as  aforesaid,  to  be  elected,  shall  forfeit  his  election, 
and  be  thereby  incapable  to  serve  as  aforesaid :  and  the  pro 
vincial  council  and  general  assembly  shall  be  the  sole  judges 
of  the  regularity  or  irregularity  of  the  elections  of  their  own 
respective  members. 

IV.  That  no  money  or  goods  shall  be  raised  upon,  or  paid 
by  any  of  the  people  of  this  province,  by  way  of  public  tax, 
custom,  or  contribution,  but  by  a  law  for  that  purpose  made, 
and  whosoever  shall  levy,  collect,  or  pay  any  money  or  goods 
contrary  thereto,  shall  be  held  a  public  enemy  to  the  province, 
and  a  betrayer  of  the  liberties  of  the  people  thereof. 

V.  That  all  courts  shall  be  open,  and  justice  shall  neither 
be  sold,  denied,  or  delayed. 


VII.  That  all  pleadings,  processes,  and  records  in  court, 
shall  be  short,  and  in  English,  and  in  an  ordinary  and  plain 
character,  that  they  may  be  understood,  and  justice  speedily 
administered. 

VIII.  That  all  trials  shall  be  by  twelve  men,  and  as  near 
as   may   be,  peers  or  equals,  and  of  the  neighbourhood,  and 
men  without  just  exception.     In  cases  of  life,  there  shall  be 
first  twenty-four  returned  by  the  sheriffs  for  a  grand  inquest, 
of  whom  twelve  at  least  shall  find  the  complaint  to  be  true, 
and  then  the  twelve  men  or  peers,  to  be  likewise  returned  by 


PENN'S  GRANTS  TO  THE   PENNSYLVANIANS      313 

the  sheriff,  shall  have  the  final  judgment.  But  reasonable 
challenges  shall  be  always  admitted  against  the  said  twelve 
men,  or  any  of  them. 

IX.  That  all  fees  in  all  cases  shall  be  moderate,  and  set 
tled  by  the  provincial  council  and  general  assembly,  and  be 
hung  up  in  a  table  in  every  respective  court,  and  whosoever 
shall  be  convicted  of  taking  more,  shall  pay  twofold,  and  be 
dismissed  his  employment,  one  moiety  of  which  shall  go  to 
the  party  wronged. 

X.  That  all  prisons  shall  be  workhouses  for  felons,  va 
grants,  and  loose  and  idle  persons,  whereof  one  shall  be  in 
every  county. 

XI.  That  all  persons  shall  be  bailable  by  sufficient  sure 
ties,  unless  for  capital  offences,  where  the  proof  is  evident,  or 
the  presumption  is  great. 

XII.  That  all    persons    wrongfully    imprisoned    or    prose 
cuted  at  law,  shall  have  double  damages  against  the  informer 
or  prosecutor. 

XIII.  That  all  prisons  shall  be  free  as  to  fees,  food,  and 
lodging. 

XIV.  That   all   lands   and   goods   shall   be  liable  to  pay 
debts,  except  where  there  is  legal  issue,  and  then  all  the  goods, 
and  one-third  of  the  land  only. 

XV.  That  all  wills  in  writing,  attested  by  two  witnesses, 
shall  be  of  the  same  force  as  to  lands  as  other  conveyances, 
being  legally  proved  within  forty  days,  either  within  or  with 
out  the  said  province. 

XVI.  That,  seven  years  quiet  possession  shall  give  an  un 
questionable  right,  except  in  cases  of  infants,  lunatics,  married 
women,  or  persons  beyond  the  seas. 


XXVIIT.  That  all  children  within  this  province,  of  the 
age  of  twelve  years,  shall  be  taught  some  useful  trade  or 
skill,  to  the  end  none  may  be  idle,  but  the  poor  may  work  to 
live,  and  the  rich,  if  they  become  poor,  may  not  want. 


314  AN  ENGLISH  COLONIAL  SYSTEM 

XXIX.  That  servants  be  not  kept  longer  than  their  time, 
and  such  as  are  careful  be  both  justly  and  kindly  used  in 
their  service,  and  put  in  fitting  equipage  at  the  expiration 
thereof,  according  to  custom. 


b-  Perm's  Charter  of  Privileges  to  Pennsylvania,  October 
£8 /November  8,  1701 

Votes  and  Proceedings  of  the  House  of  Representatives  of  Pennsyl 
vania,  I,  pt.  II,  i-iii. 

A  brief  statement  of  the  political  conditions  in  the  colony  previous  to 
this  grant  will  be  found  in  American  Histoi*y  and  Government,  §  110.  After 
a  long  absence  in  Engla'nd,  Penn  returned  to  the  colony  in  December, 
1699,  to  find  turmoil  and  confusion.  After  a  few  months,  it  became  clear 
that  Penn  must  again  go  back  to  England  promptly  to  save  his  pro 
prietary  rights  from  attacks  there  ;  but  before  he  left,  he  granted,  and 
the  Assembly  accepted,  this  noble  charter,  which  remained  the  constitu 
tion  of  the  colony  until  1776,  and  which  the  more  conservative  patriots 
of  that  Revolutionary  day  wished  to  have  continued  still  longer  as  the 
constitution  of  the  independent  State. 

Italics  are  as  in  the  original.  The  editor  has  used  black  italics  sparingly 
to  call  attention  to  especially  important  passages. 

[Recital  of  grant  of  charter  of  1681  to  Penn,  the  liberal 
"  frame  of  government "  established  by  Penn  in  1683,  the 
later  distractions,  and  Penn's  promise  either  to  restore  the 
"frame"  of  1683  or  to  grant  a  new  one  "better  adapted 
to  ...  the  present  circumstances."] 

KNOW  YE  THEREFORE,  That  for  the  further  Well-being 
and  good  Government  of  the  said  Province,  and  Terri 
tories;  and  in  Pursuance  of  the  Rights  and  Powers  before- 
mentioned,  I  the  said  William  Penn  do  declare,  grant  and 
confirm,  unto  all  the  Freemen,  Planters,  and  Adventurers, 
and  other  Inhabitants  of  this  Province  and  Territories,  these 
following  Liberties,  Franchises  and  Privileges,  so  far  as  in 
me  lieth,  to  be  held,  enjoyed,  and  kept,  by  the  Freemen, 
Planters  and  Adventurers,  and  other  Inhabitants  of  and  in 
the  said  Province,  and  Territories  thereunto  annexed,  for  ever. 


PENN'S  GRANTS  TO  THE   PENNSYLVANIANS     315 

I. 

BECAUSE  no  People  can  be  truly  happy,  tho'  under  the 
greatest  Enjoyment  of  civil  Liberties,  if  abridged  of  the  Free 
dom  of  their  Consciences,  as  to  their  Religious  Profession  and 
Worship:  And  Almighty  God  being  the  only  Lord  of  Con 
science,  Father  of  Lights  and  Spirits ;  and  the  Author  as  well 
as  Object  of  all  divine  Knowledge,  Faith  and  Worship, 
who  only  doth  enlighten  the  Minds,  and  persuade  and 
convince  the  Understandings  of  People,  I  do  hereby  grant 
and  declare,  That  no  Person  or  Persons,  inhabiting  in  this 
Province  or  Territories,  who  shall  confess  and  acknowledge 
One  almighty  God,  the  Creator,  Upholder  and  Ruler  of  the 
World,  .  .  .  shall  be  in  any  Case  molested  or  prejudiced,  in 
his  or  their  Person  or  Estate,  because  of  his  or  their  con 
scientious  Perswasion  or  Practice,  nor  be  compelled  to  fre 
quent  or  maintain  any  religious  Worship,  Place,  or  Ministry, 
contrary  to  his  or  their  Mind,  or  to  do  or  suffer  any  other  Act 
or  Thing,  contrary  to  their  religious  Perswasion.1 

AND  that  all  Persons  who  also  profess  to  believe  in  Jesus 
CJirist,  the  Saviour  of  the  World,  shall  be  capable  (notwith 
standing  their  other  Perswasion s  and  Practices  in  Point  of 
Conscience  and  Religion)  to  serve  this  Government  in  any 
Capacity,  both  legislatively  and  executively,  he  or  they  sol 
emnly  promising,  when  lawfully  required,  Allegiance  to  the 
King  as  Sovereign,  and  Fidelity  to  the  Proprietary  and 
Governor,  .  .  . 

II. 

FOR  the  well  governing  of  this  Province  and  Territories, 
there  shall  be  an  Assembly  yearly  chosen  by  the  Freemen 
thereof,  to  consist  of  Four  Persons  out  of  each  County,  of 
most  Note  for  Virtue,  Wisdom,  and  Ability  (or  of  a  greater 
Number  at  any  Time,  as  the  Governor  and  Assembly  shall 
agree)  upon  the  first  Day  of  October  for  ever ;  and  shall  sit 

JThis  grant  was  also  in  the  "  Laws  Agreed  upon  in  England,"  XXXV. 


316  AN   ENGLISH  COLONIAL  SYSTEM 

on  the  fourteenth  Day  of  the  same  Month  at  Philadelphia, 
unless  the  Governor  and  Council  for  the  Time  being,  shall 
see  Cause  to  appoint  another  Place  within  the  said  Province 
or  Territories :  AVhich  Assembly  shall  have  Power  to  chuse 
a  Speaker  and  other  their  Officers;  and  shall  be  judges  of  the 
Qualifications  and  Elections  of  their  own  Members;  sit  upon 
their  own  Adjournments;  appoint  Committees;  prepare  Bills, 
in  order  to  pass  into  Laws ;  impeach  Criminals,  and  redress 
Grievances ;  and  shall  have  all  other  Powers  and  Privileges 
of  an  Assembly,  according  to  the  Rights  of  the  Freeborn 
Subjects  of  England,'  and  as  is  usual  in  any  of  the  King's 
Plantations  in  America. 

AND  if  any  County  or  Counties,  shall  refuse  or  neglect  to 
chuse  their  respective  Representatives  as  aforesaid,  or  if  chosen, 
do  not  meet  to  serve  in  Assembly,  those  who  are  so  chosen  and 
met,  shall  have  the  full  Power  of  an  Assembly,  in  as  ample 
Manner  as  if  all  the  Representatives  had  been  chosen  and  met, 
provided  they  are  not  less  than  Two  Thirds  of  the  whole  Num 
ber  that  ought  to  meet. 

AND  that  the  Qualifications  of  Electors  and  Elected,  and  all 
other  Matters  and  Things  relating  to  Elections  of  Representa. 
tives  to  serve  in  Assemblies,  tho'  not  herein  particularly  ex 
pressed,  shall  be  and  remain  as  by  a  Law  of  this  Government, 
made  at  Newcastle  in  the  Year  One  Thousand  Seven  Hundred, 
intituled,  An  Act  to  ascertain  the  Number  of  Members  of  Assem 
bly,  and  to  regulate  the  Elections.1 

III. 

THAT  the  Freemen  in  each  respective  County,  at  the  Time 
and  Place  of  Meeting  for  Electing  their  Representatives  to  serve 
in  Assembly,  may,  as  often  as  there  shall  be  Occasion,  chuse 
a  double  Number  of  Persons  to  present  to  the  Governor  for 
Sheriffs  and  Coroners,  to  serve  for  Three  Years,  if  so  long  they 

!That  act  decreed  that,  in  order  to  vote,  a  man  must  own  "  fifty  acres  of 
land,  .  .  .  twelve  acres  thereof ,  or  more,  cleared  and  improved;  or  be  other 
wise  worth  fifty  pounds  lawful  money  "  above  all  indebtedness. 


PENN'S  GRANTS  TO  THE   PENNSYLVANIANS     317 

behave  themselves  well ;  out  of  which  respective  Elections  and 
Presentments,  the  Governor  shall  nominate  and  commissionate 
one  for  each  of  the  said  Offices,  the  third  Day  after  such  Present 
ment,  or  else  the  first  named  in  such  Presentment,  for  each 
Office  as  aforesaid,  shall  stand  and  serve  in  that  Office  for  the 
Time  before  respectively  limited  ;  and  in  case  of  Death  or  De 
fault,  such  Vacancies  shall  be  supplied  by  the  Governor,  to  serve 
to  the  End  of  the  said  Term. 

PROVIDED  ALWAYS,  That  if  the  said  Freemen  shall,  at  any 
Time,  neglect,  or  decline  to  chuse  a  Person  or  Persons  for  either 
or  both  the  aforesaid  Offices,  then  and  in  such  Case,  the  Persons 
that  are  or  shall  be  in  the  respective  Offices  of  Sheriffs  or  Cor 
oners,  at  the  Time  of  Election,  shall  remain  therein,  until 
they  shall  be  removed  by  another  Election  as  aforesaid. 

AND  that  the  Justices  of  the  respective  Counties,  shall  or 
may  nominate  and  present  to  the  Governor  three  Persons,  to 
serve  for  Clerk  of  the  Peace  for  the  said  County  when  there  is 
a  vacancy,  one  of  which  the  Governor  shall  commissionate 
within  ten  Days  after  such  Presentment,  or  else  the  first  nomi 
nated,  shall  serve  in  the  said  Office  during  good  Behaviour. 

IV. 

[Style  and  manner  of  recording  laws.] 

V. 

THAT  all  Criminals  shall  have  the  same  Privileges  of  Wit 
nesses  and  Council  as  their  Prosecutors. 

VI. 

THAT  no  Person  or  Persons  shall,  or  may,  at  any  Time  here 
after,  be  obliged  to  answer  any  Complaint,  Matter  or  Thing 
whatsoever  relating  to  Property,  before  the  Governor  and  Coun 
cil,  or  in  any  other  Place,  but  in  ordinary  Course  of  Justice, 
unless  Appeals  thereunto  shall  be  hereafter  by  Law  appointed. 


318  AN  ENGLISH  COLONIAL  SYSTEM 

VII. 

/ 

[Ordinaries  and  Taverns  to  be  licensed  by  the  Governor,  on 
recommendation  of  the  Justices  of  the  counties  concerned,  — 
with  power  to  suppress  for  misbehaviour.] 

VIII. 

IF  any  Person,  through  Temptation  or  Melancholy,  shall 
destroy  himself,  his  Estate,  real  and  personal,  shall,  notwith 
standing,  descend  to  his  Wife  and  Children,  or  Relations,  as  if 
he  had  died  a  natural  Death  ; l  and  if  any  Person  shall  be  de 
stroyed  or  killed  by  Casualty  or  Accident,  there  shall  be  no 
Forfeiture  to  the  Governor  by  Reason  thereof. 

AND  no  Act,  Law  or  Ordinance  whatsoever  shall,  at  any 
Time  hereafter,  be  made  or  done,  to  alter,  change  or  dimmish 
the  Form  or  Effect  of  this  Charter,  or  of  any  Part  or  Clause 
therein,  contrary  to  the  true  Intent  and  Meaning  thereof, 
without  the  Consent  of  the  Governor  for  the  Time  being,  and  Six 
Parts  of  Seven  of  the  Assembly  met.2 

BUT  because  the  Happiness  of  Mankind  depends  so  much 
upon  the  Enjoying  of  Liberty  of  their  Consciences  as  aforesaid, 
I  do  hereby  solemnly  declare,  promise  and  grant,  for  me,  my 
Heirs  and  assigns,  That  the  first  Article  of  this  Charter  relat 
ing  to  Liberty  of  Conscince,  and  every  Part  and  Clause  therein, 
according  to  the  true  Intent  and  Meaning  thereof,  shall  be  kept 
and  remain,  without  any  Alteration,  inviolably  for  ever.2 


[Provision  for   separation  of  the   Delaware   "Territories" 
under  their  own  legislature,  if  they  so  desire.] 

1  By  the  law  of  England,  the  property  of  a  suicide,  like  that  of  a  man  con 
victed  of  a  felony,  escheated  to  the  crown.    The  other  half  of  this  same  para 
graph  abolished  another  ancient  legal  cruelty. 

2  This  provision  (adopted  also  from  the  "Laws  Agreed  upon  in  England") 
is  the  first  attempt  in  a  constitution  to  establish  a  regular  method  of  amend 
ment.    The  attempt  to  exclude  a  portion  of  the  document  from  amendment, 
so  common  for  long  afterward,  begins  here  also  (next  paragraph). 


BERKELEY'S   REPORT  ON  VIRGINIA,    1671       319 

NOTWITHSTANDING  which  Separation  of  the  Province 
and  Territories,  in  Respect  of  Legislation,  I  do  hereby  promise, 
grant  and  declare,  That  the  Inhabitants  of  both  Province  and 
Territories,  shall  separately  enjoy  all  other  Liberties,  Privi 
leges  and  Benefits,  granted  jointly  to  them  in  this  Charter, 
any  Law,  Usage  or  Custom  of  this  Government  heretofore 
made  and  practised,  or  any  Law  made  and  passed  by  the 
General  Assembly,  to  the  contrary  hereof  notwithstanding. 

104.  Berkeley's  Report  on  Virginia,  1671 
Hening's  Statutes,  II,  511-517. 

In  1670  the  Colonial  Board  (No.  99,  above)  sent  out  questions,  which, 
with  the  answers  of  Governor  Berkeley  for  Virginia  (1671),  are  given  be 
low.  Other  colonies  sent  like  reports. 

1.  What  councils,  assemblies,  and  courts  of  judicature  are 
within  your  government,  and  of  what  nature  and  kind  ? 

Answer.  There  is  a  governor  and  sixteen  counsellors,  who 
have  from  his  sacred  majestie,  a  commission  of  Oyer  and  Ter- 
miner,  who  judge  and  determine  all  causes  that  are  above 
fifteen  pound  sterling ;  for  what  is  under,  there  are  particular 
courts  in  every  county,  which  are  twenty  in  number.  Every 
year,  at  least  the  assembly  is  called,  before  whom  lye  appeals, 
and  this  assembly  is  composed  of  two  burgesses  out  of  every 
county.  These  lay  the  necessary  taxes,  as  the  necessity  of 
the  war  with  the  Indians,  or  their  exigencies  require. 

[2.   Courts  of  admiralty.] 

3.  Where   the   legislative   and   executive   powers   of    your 
government  are  seated  ? 

Answer.  In  the  governor,  councel  and  assembly,  and  officers 
substituted  by  them. 

4.  What  statute  laws  and  ordinances  are  now  .  .  .  in  force  ? 
Answer.     The  secretary  of  this  country  every  year  sends  to 

the  lord  chancellor,  or  one  of  the  principal  secretaries,  what 
laws  are  yearly  made ;  which  for  the  most  part  concern  only 
our  own  private  exigencies ;  for,  contrary  to  the  laws  of  England, 


320  AN  ENGLISH  COLONIAL  SYSTEM 

we  never  did,  nor  dare  make  any,  only  this,  that  no  sale  of 
land  is  good  and  legal,  unless  within  three  months  after  the 
conveyance  it  be  recorded  in  the  general  court,  or  county 
courts. 

5.  What  number  of  horse  and  foot  are  within  your  govern 
ment,  and  whether  they  be  trained  bands  or  standing  forces  ? 

Answer.  All  our  freemen  are  bound  to  be  trained  every 
month  in  their  particular  counties,  which  we  suppose,  and  do 
not  much  mistake  in  the  calculation,  are  near  eight  thousand 
horse  :  there  are  more,  but  it  is  too  chargeable  for  poor  people, 
as  wee  are,  to  exercise  them. 

6.  (Castles  and  forts.) 

7.  What  number  of  privitiers  do  frequent  your  coasts  .  .  . 
the  number  of  their  men,  and  guns,  and  names  of  their  com 
manders  ? 

Answer.     None  to  our  knowledge,  since  the  late  Dutch  war. 

8.  What  is  the  strength  of  your  bordering  neighbors,  be 
they  Indians  or  others  .  .  .  ? 

Answer.  We  have  no  Europeans  seated  nearer  to  us  than 
St.  Christophers  or  Mexico,  that  we  know  of,  except  some  few 
ffrench  that  are  beyond  New  England.  The  Indians,  our 
neighbours,  are  absolutely  subjected,  so  that  there  is  no  fear  of 
them  l  .  .  . 

9.  (Arms,  amunition,  and  stores  .  .  .  "sent  you  upon  his 
majestys  account  ?  ") 

Answer.  .  .  .  His  majesty  in  the  time  of  the  Dutch  warr,  sent 
us  thirty  great  guns,  most  of  which  were  lost  in  the  ship  that 
brought  them.  [No  others  sent;  some  bought  by  the  colony.] 

10.  What  monies  have  been  paid  ...  by  his  majesty,  or 
levied  within  your  government  for  and  towards  the  buying  of 
armes  or  making  or  maintaining  of  any  ffortifications  or  castles, 
and  how  have  the  said  monies  been  expended  ? 

Answer.  Besides  those  guns  I  mentioned,  we  never  had  any 
monies  of  his  majesty  towards  the  buying  of  ammunition  or 

1  Five  years  later  came  an  Indian  uprising  in  which  at  least  300  colonists 
lost  their  lives. 


BERKELEY'S   REPORT   ON  VIRGINIA,    1671       321 

building  of  fforts.     What  monies  can  be  spared   out   of   the 
publick  revenue,  we  yearly  lay  out  in  ammunition. 

11.  What   are   the  boundaries  and   contents   of   the   land, 
within  your  government  ? 

Answer.  As  for  the  boundaries  of  our  land,  it  was  once 
great,  ten  degrees  in  latitude,  but  now  it  has  pleased  his 
majesty  to  confine  us  to  halfe  a  degree.  Knowingly,  I  speak 
this.  Pray  God  it  may  be  for  his  majesty's  service,  but  I 
much  fear  the  contrary.1 

12.  What  commodities  are  there  of  the  production,  growth 
and  manufacture  of  your  plantation  ;  and  particularly,  what 
materials  are  there  already  growing,  or  may  be  produced  for 
shipping  in  the  same  ? 

Answer.  Commodities  of  the  growth  of  our  country,  we 
never  had  any  but  tobacco,  which  in  this  yet  is  considerable, 
that  it  yields  his  majesty  a  great  revenue ;  but  of  late,  we  have 
begun  to  make  silk,  and  so  many  mulberry  trees  are  planted, 
and  planting,  that  if  we  had  skilfull  men  from  Naples  or 
Sicily  to  teach  us  the  art  of  making  it  perfectly,  in  less  than 
half  an  age,  we  should  make  as  much  silk  in  an  year  as  Eng 
land  did  yearly  expend  three  score  years  since ;  but  now  we 
hear  it  is  grown  to  a  greater  excess,  and  more  common  and 
vulgar  usage.  Now,  for  shipping,  we  have  admirable  masts 
and  very  good  oaks ;  but  for  iron  ore  I  dare  not  say  there  is 
sufficient  to  keep  one  iron  mill  going  for  seven  years. 

13.  Whether  salt-petre  is  or  may  be  produced  within  your 
plantation,  and  if  so,  at  what  rate  may  it  be  delivered  in  England  ? 

Answer.     Salt-petre,  we  know  of  none  in  the  country. 

14.  What  rivers,  harbours  or  roads  are  there  in  or  about 
your   plantation   and   government,    and   of    what   depth   and 
soundings  are  they  ? 

Answer.  Rivers,  we  have  four,  as  I  named  before,  all  able, 
safely  and  severally  to  bear  an  harbour  a  thousand  ships  of  the 
greatest  burthen. 

1  As  governor  of  Virginia,  Berkeley  is  disposed  to  side  with  the  colony 
against  the  English  policy.  Cf.  19,  note,  below. 


322  AN  ENGLISH  COLONIAL  SYSTEM 

15.  What  number  of  planters,  servants  and  slaves ;  and  how 
many  parishes  are  there  in  your  plantation  ? 

Answer.  We  suppose,  and  I  am  very  sure  we  do  not  much 
miscount,  that  there  is  in  Virginia  above  forty  thousand 
persons,  men,  women  and  children,  and  of  which  there  are  two 
thousand  black  slaves,  six  thousand  Christian  servants,  for  a 
short  time ;  the  rest  are  born  in  the  country  or  have  come  in  to 
settle  and  seat,  in  bettering  their  condition  in  a  growing 
country. 

16.  What  number  of  English,  Scots,  or  Irish  have  for  these 
seven   years    past    came    yearly    to    plant  .  .  .  within    your 
government ;  as  also  what  blacks  or  slaves  have  been  brought 
in  .  .  .  ? 

Answer.  Yearly  we  suppose  there  comes  in,  of  servants, 
about  fifteen  hundred,  of  which  most  are  English,  few  Scotch, 
and  fewer  Irish,  and  not  above  two  or  three  ships  of  Negroes 
in  seven  years.1 

17.  [Mortality?     The   answer   expresses   inability   to   give 
exact  figures,  from  lack  of  a  "  register  office,"  but  insists  upon 
improvements  in  health  of  new  immigrants  as  compared  with 
earlier  times.] 

18.  What  number  of  ships  to  trade  yearly  to  and  from  your 
plantations,  and  of  what  burthen  are  they  ? 

Answer.  English  ships,  near  eighty,  come  out  of  England 
and  Ireland  every  year  for  tobacco ;  few  New  England  ketches  ; 
but  of  our  own  we  never  had  yet  more  than  two  at  one  time,  and  those 
not  more  than  twenty  tons  burthen. 

19.  What  obstructions  do  you  find  to  the  improvement  of 
trade  and  navigation  .  .  .  ? 

Answer.   Mighty  and  destructive,  by  that  severe  act  of  parliament 

which  excludes  us  the  having  any  commerce  with  any  nation  in  Europe 

but  our  own.2   [Navigation  Acts  of  1660,  1663]   .  .  .     Besides 

.this,  we  cannot  procure  any  skillfull  men  for  our  now  hopefull 

1  Even  as  negroes  were  packed,  the  slaver  of  that  time  rarely  carried  a  hun 
dred  slaves. 

2  Italicized  by  the  editor.    Cf.  11,  above,  and  the  note- 


BERKELEY'S   REPORT   ON  VIRGINIA,    1671       323 

commodity,  silk ;  for  it  is  not  lawf nil  for  us  to  carry  a  pipe- 
stave  or  a  barrel  of  corn  to  any  place  in  Europe  out  of  the 
king's  dominions.1  If  this  were  for  his  majesty's  service  or 
the  good  of  his  subjects,  we  should  not  repine,  whatever  our 
sufferings  .  .  .  but  on  my  soul,  it  is  the  contrary  for  both. 
And  this  is  the  cause  why  no  small  or  great  vessels  are  built 
here ; 2  for  we  are  most  obedient  to  all  laws,  whilst  the  New 
England-men  break  through,  and  trade  to  any  place  that  their 
interests  lead  them. 

20.  What   advantages  ...   do   you   observe   that   may  be 
gained  to  your  trade  or  navigation  ? 

Answer.  None,  unless  we  had  liberty  to  transport  our  pipe 
staves,  timber  and  corn  to  other  places  besides  the  king's 
dominions. 

21.  What  rates  and  duties  are  charged  and  payable  upon 
any  goods  exported  out  of  your  plantation,  whither  of  your 
own  growth  or  manufacture,  or  otherwise,  as  also  upon  goods 
imported  ? 

Answer.  No  goods,  either  exported  or  imported,  pay  any  the 
least  duties  here,  only  two  shillings  the  hogshead  on  tobacco 
exported,  which  is  to  defray  all  public  charges ;  and  this  year 
we  could  not  get  an  account  of  more  than  fifteen  thousand 
hogsheads,  out  of  which  the  king  allows  me  a  thousand  yearly, 
with  which  I  must  maintain  the  part  of  my  place,  and  one 
hundred  intervening  charges  that  cannot  be  put  to  public 
account.  And  I  can  knowingly  affirm,  that  there  is  no  gov 
ernment  of  ten  years  settlement,  but  has  thrice  as  much  al 
lowed  him.  But  I  am  supported  by  my  hopes,  that  his  gracious 
majesty  will  one  day  consider  me. 

22.  What  revenues  doe  or  may  arise  to  his  majesty  within 
your  government,  and  of  what  nature  is  it ;  by  whom  is  the 

1  This  is  a  gross  overstatement  on  Berkeley's  part.    Cf.  American  History 
and   Government,  §  96.      It  is  notable,  however,  that  even  a  courtier,  like 
Berkeley,   as  a  colonial  governor,   takes  the  point  of  view  of  his  province 
against  English  policy.    Cf.  ib.,  §  118. 

2  Then  why  no  Virginia  ships  before  1660? 


324  AN  ENGLISH  COLONIAL  SYSTEM 

same  collected,  and  how  answered  and  accounted  to  his  maj 
esty  ? 

Answer.  There  is  no  revenue  arising  to  his  majesty  but  out 
of  the  quit-rents ;  and  this  he  hath  given  away  to  a  deserving 
servant,  Col.  Henry  Norwood. 

23.  What  course  is  taken  about  the  instructing  the  people, 
within  your  government  in  the  Christian  religion  .  .  .  ? 

Answer.  The  same  course  that  is  taken  in  England  out  of 
towns  ;  every  man  according  to  his  ability  instructing  his 
children.  We  have  fforty  eight  parishes,  and  our  ministers 
are  well  paid,  and  by  my  consent  should  be  better  if  they 
would  pray  oftener  and  preach  less.  But  of  all  other  commodi 
ties,  so  of  this,  the  worst  are  sent  us,  and  we  had  few  that  we 
could  boast  of,  since  the  persicution  in  Cromwell's  tiranny  drove 
divers  worthy  men  hither.  But,  I  thank  God,  there  are  no  free 
schools  nor  printing,  and  I  hope  we  shall  not  have  these  hundred 
years  ;  for  learning  has  brought  disobedience,  and  heresy,  and 
sects  into  the  world,  and  printing  has  divulged  them,  and  libels 
against  the  best  government.  God  keep  us  from  both  ! 

105.   The  Franchise  in  Virginia  again  Restricted1 

Hening's  Statutes  at  Large. 

For  the  general  reaction  of  this  period,  American  History  and  Govern 
ment,  §§  103,  104. 

[October,  1670.] 

Act  III.  Whereas  the  usuall  way  of  chuseing  burgesses  by 
the  votes  of  all  persons  who,  haveing  served  their  tyme,  are 
ffreemen  of  this  country,  who,  haveing  little  interest  in  the 
country,  doe  oftner  make  tumults  at  the  election  to  the  dis 
turbance  of  his  majesties  peace,  then  by  their  discretions  in 
their  votes  provide  for  the  conservasion  thereof,  by  makeing 
choyse  of  persons  fitly  qualifyed  for  the  discharge  of  soe 
greate  a  trust,  And  whereas  the  lawes  of  England  grant  a  voyce  in 

1  Cf .  No.  35,  above. 


"BACON'S  LAWS,"   IN  VIRGINIA  325 

such  election  only  to  such  as  by  their  estates  real  or  personall  have 
interest  enough  to  tye  them  to  the  endeavour  of  the  publique  good; 

It  is  hereby  enacted,  that  none  but  freeholders  and  house 
keepers  who  only  are  answerable  to  the  publique  for  the 
levies  shall  hereafter  have  a  voice  in  the  election  of  any  bur 
gesses  in  this  country ;  and  that  the  election  be  at  the  court 
house. 

["Bacon's  Assembly''  of  1676  repealed  this  restriction  and  restored 
free  manhood  franchise  ;  but  that  act  fell  with  the  other  attempted  re 
forms  of  that  year  ;  Nos.  106,  109,  below.] 

106.   "  Bacon's  Laws/'  in  Virginia  (Political  Discontent) 

Hening's  Statutes  at  Large.  II,  341-365. 
Cf.  American  History  and  Government,  §  105. 

At  a  Grand  Assemblie  Holden  at  James  Citie  the  fifth  day  of 
June,  1676. 

Act  I.  [An  act  for  carrying  on  a  warre  against  the  barbarous 
Indians.] 

[Nearly  ten  pages.  Declares  war ;  Provides  an  army  of  1000 
men;  decrees  that  captives  shall  be  made  slaves;  appoints 
Bacon  "  genii,  and  commander  in  cheife."] 

Act  II.    [Prohibits  trade  with  Indians.] 

Act  III.  [Reserves  to  the  colony  as  a  whole  any  deserted 
Indian  lands.] 

Act  IV.    [To  suppress  tumults.] 

ActV.    [Sheriffs.] 

Whereas  divers  complaints  have  been  made  throughout  the 
country  of  the  abuses  ...  of  divers  offices  .  .  .  Bee  it  en 
acted  by  the  governour,  councell,  and  burgesses  of  this  grand  as 
sembly,  and  by  the  authority  of  the  same,  that  noe  person  what 
soever  within  this  country  shall  exercise,  hold,  and  enjoy  the 
office  of  sherriffe  or  under-sherriffe  more  than  one  year  succes 
sively.  [Penalty,  20.000  pounds  of  tobacco]  .  .  .  And  bee  it 
further  enacted  .  .  .  that  noe  person  or  persons  whatsoever 
shall  hold  or  enjoy  two  of  these  offices  hereafter  named  at  one 


326  AN  ENGLISH  COLONIAL  SYSTEM 

and  the  same  time  .  .  .  viz.  .  .  .  sherriffs,  clerke  of  courte, 
surveyor,  and  escheator.  .  .  .  [Three  years  residence  necessary 
for  eligibility  to  any  office.  .  .  .  Provision,  in  much  detail, 
against  sheriffs  or  other  officers  exacting  more  than  the  legal 
fees.] 

Act  VI.    [Vestries.] 

Whereas  the  long  continuance  of  vestries  ...  is  presented  as 
a  greivance,  Bee  it  enacted  .  .  ..  that  it  shall  and  may  be  law- 
full  .  .  .  for  the  freeholders  and  freemen  of  every  parish  .  .  . 
by  the  majoritie  of  votes  to  elect  .  .  .  certaine  freeholders  or 
substantiall  householders  to  the  number  of  twelve  .  .  .  which 
said  twelve  shall  be  ...  the  vestrie  of  the  parish  .  .  .  and 
such  election  to  be  made  .  .  .  once  in  every  three  yeares. 

Act  VII  [Suffrage.] 

Bee  it  enacted  .  .  .  that  the  act  of  assembly  [1770  ;  see  No.  105] 

I    ...  which  forbids  freemen  to  have  votes   in   the   election   of 

burgesses  be  repealed,  and  that  they  be  admitted,  together 

with  freeholders  and  householders,  to  vote  as  formerly  in  such 

elections. 

Act  VIII.  [To  add  representatives  to  the  Board  of  County 
Justices,  except  for  judicial  purposes.] 

Whereas  the  justices  of  the  county  courts  .  .  .  have  accustom- 
marily  sett  ...  a  rate  or  assessment  upon  the  people  of  their 
counties  .  .  .  and  whereas  it  hath  been  suspected  .  .  .  that 
under  colour  thereof  many  sums  have  bin  raised  .  .  .  for  the 
interest  of  particular  persons.  .  .  .  Bee  it  enacted  .  .  .  that  some 
of  the  discreetest  and  ableest  of  the  inhabitants  of  each  county, 
equal  in  number  to  the  number  of  justices  ...  be  yearly  chosen 
.  .  .  [by  parishes]  by  majoritie  Of  votes  of  householders,  ffree- 
holders,  and  ffreemen  .  .  .  which  said  representatives,  together 
with  the  justices  .  .  .  are  to  meet  at  the  usual  place  .  .  .  and 
are  hereby  authorized  and  impowered  to  have  equal  votes  with 
them,  the  said  justices,  in  laying  county  assessments  and  of  [in] 
making  wholesome  by-lawes  for  the  good  of  their  counties. 

IX,  X,  XI.  [Forms  of  procedure  in  collecting  levies  and  ad 
ministering  estates.] 


"BACON'S  LAWS,"   IN  VIRGINIA  327 

XII.  [Abolition  of  exemptions  from  taxation.] 

For  the  greater  ease  of  the  country  .  .  .  Bee  it  enacted  that 
the  55th  act  of  the  printed  laws  [code  of  1662],  soe  far  as  it 
relates  to  the  honorable  councill  of  state  and  ministers,  bee 
.  .  .  repealed,  and  that  for  the  future  the  persons  of  the  coun 
cill  and  all  others  of  their  families  be  liable  to  pay  levies  .  .  . 
and  that  the  person  of  every  minister  bee  exempted,  .  .  .  but 
all  other  tithable  persons  in  his  familie  shall  be  liable  to  pay 
levies.  .  .  . 

XIII.  [Permitting  wolf-bounties.] 

XIV.  [Regarding   trespass   by  "  unrulie  horses "    "  within 
another  person's  enclosure."] 

XV.  [Forbids  exportation  of  corn  until  next  session  of  the 
assembly.] 

XVI.  [For  temperance  reform.] 

Whereas  it  is  most  apparently  found  that  the  many  ordi 
naries  [taverns]  in  severall  parts  of  the  country  are  very  preju- 
diciall.  .  .  Bee  it  therefore  enacted  .  .  .  that  no  ordinaries, 
ale  houses,  or  other  tipling  houses  whatsoever  ...  be  kept 
in  any  part  of  the  country  [except  "  at  James  Citty  "  and  "  at 
the  two  great  ferries  "  of  Yorke  river]  ;  Provided  .  .  .  that 
[these  exceptions]  be  admitted  ...  to  sell  .  .  .  mare's  meate, 
horse-meate,  beer,  and  syder,  but  no  other  strong  drinke  what 
soever.  .  .  .  [Penalty  of  1000  pounds  tobacco  for  selling  "  any 
sorte  of  drinke  or  liquor "  or  for  "  being  drunke  .  .  .  in  his 
.  .  .  house."] 

XVII.  XVIII.    [Special  Acts,  relating   to  James  City  and 
two  counties.] 

Act  XIX.  [General  Pardon  and  Oblivion.'] 

Act  XX.  [Disabling  Lt.  Col.  Edward  Hill  and  Lieut.  John 
Stith.  from  bearing  any  office,  civil  or  military,  because  these 
men  had  "bin  the  greatest  instruments  ...  of  raiseing,  pro- 
moteing,  and  stirring  up  the  late  differences  and  misunderstand 
ings  .  .  .  between  the  honorable  govern  our  and  his  majesties 
good  and  loyal  subjects,"  Beacon's  party.] 


328  AN  ENGLISH  COLONIAL  SYSTEM 

107.  Bacon's  Proclamation,  July  30,  1676 

Massachusetts  Historical  Society  Collections,  Fourth  Series,  IX, 
184-187. 

The  closing  paragraphs  (here  given)  follow  some  two  pages  of  specific 
charges  of  misgovermnent  against  Governor  Berkeley  and  certain  of  "his 
wicked  and  pernicious  counsellors,  confederates,  aides  and  associates 
against  the  Coinonality." 

The  Declaration  of  the  People 

.  .  .  And  we  doe  further  demand  that  the  said  Sir  William 
Berkeley  with  all  the  persons  in  this  list  be  forthwith  delivered 
up  or  surrender  themselves  within  fower  days  after  the  notice 
hereof,  Or  otherwise  we  declare  as  followeth. 

That  in  whatsoever  place,  howse,  or  ship,  any  of  the  said 
persons  shall  reside,  be  hidd,  or  protected,  we  declaire  the 
owners,  Masters  or  inhabitants  of  said  places,  to  be  con 
federates  and  trayters  to  the  people ;  and  the  estates  of  them  as 
alsoe  of  all  the  aforesaid  persons  to  be  confiscated,  and  this  we 
the  Commons  of  Virginia,  doe  declare,  desiering  a  firtne  union 
amongst  ourselves  that  we  may  joyntly  and  with  one  accord 
defend  ourselves  against  the  common  Enimy,  and  lett  not  the 
faults  of  the  guilty  be  the  reproach  of  the  inocent,  or  the  faults 
or  crimes  of  the  oppressors  devide  and  separate  us  who  have 
suffered  by  theire  oppressions. 

These  are  therefore  in  his  majesties  name  to  command  you 
forthwith  to  seize  the  persons  above  mencioned  as  Trayters  to 
the  King  and  Country  and  them  to  bring  to  Midle  plantacon, 
and  there  to  secure  them  untill  further  order,  and  in  case  of 
opposicion,  if  you  want  any  further  assistance  you  are  forth 
with  to  demand  itt  in  the  name  of  the  people  in  all  the  Coun 
ties  of  Virginia. 

Nath.  Bacon. 

Genii  by  Consent  of  the  people. 


CAUSES  OF  BACON'S   REBELLION  329 

108.    Testimony  of  Political  Discontent  as  a  Cause  of  Bacon's 
Rebellion 

Virginia  Historical  Magazint,  II,  166-173,  289-292. 

\ 

When  Bacon's  Rebellion  had  been  crushed,  royal  commissioners  ar 
rived  in  the  colony,  with  instructions  to  inform  themselves  "  of  all 
grievances."  'The  commissioners  met  the  inhabitants  at  various  County 
Courts,  and  took  down  their  complaints  in  writing.  These  complaints 
show  some  of  the  real  causes  of  Bacon's  Rebellion.  Of  course,  to  these 
royal  commissioners  the  people  as  a  rule  would  say  little  of  infringements 
upon  political  liberty  (because  commissioners  from  Charles  II  could  not 
be  expected  to  have  any  sympathy  with  such  complaints),  and  they 
would  say  much  about  misgovern ment  and  economic  oppression.  The 
following  extracts  from  the  commissioners'  records  are  selected  to  show 
that  complaints  regarding  political  oppression  did  find  voice,  even  under 
such  conditions.  These  entries  might  be  greatly  extended. 

(1)  Gloster  County 

4.  That  severall  grievances  being  presented  to  the  June 
Assembly  [1676]  upon  which  many  good  Lawes  were  consented 
to  by  that  Assembly  [No.  106]  .  .  .  they  Beg  those  good  and 
wholesome  Lawes  may  be  confirmed. 

(2)  Lower  Norfolk  County 

5.  Request  for  Liberty  to  Transport  their  Tobacco  to  any 
of  his  majesties  Plantations  without  paying  the  Impost  pay 
able  by  Act  of  Parliament.     [This  request  the  commissioners 
declare  "  wholly  mutinous."] 

(3)  Surry  County 

1.   That  the  last  Assembly  continued  many  yeares  .  .  . 

10.  That  it  has  been  the  custome  of  County  Courts  att  the 
laying  of  the  levy  to  withdraw  into  a  private  Roome,  —  by 
which  meanes  the  poore  people,  not  knowing  for  what  they 
paid,  tiid  admire  how  their  taxes  could  be  so  high. 

12.  That,  contrary  to  the  lawes  of  England  and  this  Country, 
high  sheriffs  have  usually  continued  two  years,  and  under 


330  AN  ENGLISH  COLONIAL  SYSTEM 

sheriffs  3  or  4  years  together :   wee  humbly  pray  that  for  the 
future  no  person  may  continue  sheriffs  above  one  yeare. 

14.  That  we  have   not  had  liberty  to  choose  vestrymen : 
wee  humbly  desire  that  the  wholle  parish  may  have  a  free 
election. 

15.  That  since  his  most  gracious  Majesty  hath  been  most 
mercifully  pleased  to  pardon  our  late  disloyalty,  wee  most 
earnestly  and  humbly  pray  that  this  present  grand  assembly 
would  make  an  Act  of  Oblivion,  —  that  no  person  may  be 
injured  by  the  provoking  names  of  Eebell,  Traitor  and  Rogue. 

(4)    Northampton  County 

2.  That  we  may  have  Liberty  grannted  us  to  choose  a  new 
vestery,  and  that  every  three  years  a  new  vestery  may  be 
chosen. 

6.  That  it  may  be  graunted  us  to  make  a  free  choyse  of  six 
housekeepers  without  Interposing  of  any  Ruling  Magistratre 
[to  sit  with  the  Justices  of  the  County  as  a  Board  to  assess 
taxes],  to  prevent  oppressions  ...  as  we  humbly  suspect  .  .  . 
to  have  Received  heretofore. 

15.   That  no  Sheriff  may  officiate  two  years  together. 

(5)  Isle  of  Wight 

14.  We  desire  wee  may  have  libertie  to  chuse  our  Vestries 
once  in  three  yeares,  and  that  their  may  noe  member  of  the 
Court  [County  Justices]  be  therein. 

109.   Abolition  of  Bacon's  Reforms  for  Virginia 

a.  The  King's  Orders 

Additional  instructions  [from  King  Charles  IT]  for  our  trusty  and 
well  beloved  Sir  William  Berkeley,  Knt.  our  governor  of  our  colony 
of  Virginia,  November  13,  1676 

Herring's  Statutes,  II,  424  ff. 


REPEAL  OF  POPULAR   REFORMS  331 

2.  You  shall  take  care  that  the  members  of  the  assembly  be 
elected  only  by  freeholders,  as  being  more  agreeable  to  the 
custome  of  England,  to  which  you  are  as  nigh  as  conveniently 
can  to  conforme  your  self  e. 


6.    You  shall  declare  voyd  and  null  all  the  proceedings  of 
the  late  assembly  .  .  .  ["  Bacon's  Assembly  "]. 


j 


b.  Repeal  by  the  Assembly,  February,  1676/1677 

Hening's  Statutes  at  Large,  II,  380. 


Whereas  Nathaniell  Bacon  ...  in  the  month  of  June,  1676 
.  .  .  did  enter  James  Citty  in  a  rebellious  manner  with  a  con 
siderable  number  of  armed  men  .  .  .  environing  and  beseigeing 
the  governour  and  councell  and  burgesses  .  .  .  threatening 
them  with  sudden  death  if  they  would  not  grant  his  unreason 
able,  unlawfull,  rebellious  and  treasonable  demands,  and  by 
his  threats  and  .  .  .  violence  did  obteine  to  him  self  e  whatso 
ever  he  soe  .  .  .  demanded;  And  whereas  the  kings  most 
excellent  majestic  by  his  gratious  proclamation  .  .  .  hath  long 
since  declared  all  the  proceedings  of  the  said  assembly  to  be 
voyd  in  law  :  Bee  it  therefore  enacted  by  this  present  grand 
assembly  and  the  authority  thereof,  and  it  is  hereby  enacted,  that 
all  acts,  orders,  and  proceedings  of  the  said  grand  assembly  ,be 
repealed  and  made  null  and  voyd. 

110.   Self-government  in  Massachusetts  Decreased 

a.  Randolph's  Report,  1676 

Hutchinson's  Collection  of  Original  Papers  (1769),  477  ff. 

Kandolph  had  been  sent  to  the  colonies  as  a  "commissioner"  by  the 
Lords  of  Trade. 


332  AN   ENGLISH  COLONIAL  SYSTEM 

Second  Enquiry.  What  lawes  and  ordinances  are  now  in 
force  there  derogatory  or  contrary  to  those  of  England,  and 
what  oath  is  prescribed  by  the  government  ? 

The  lawes  and  ordinances  made  in  that  colony  are  no  longer 
observed  than  as  they  stand  with  their  convenience.  The 
magistrates  not  so  strictly  minding  the  letter  of  the  law  when 
their  publick  interest  is  concerned,  in  all  cases  more  regarding 
the  quality  and  affection  of  the  persons  to  their  government 
than  the  nature  of  their  offence.  They  see  no  evill  in  a  church 
member,  and  therefore  it  is  very  difficult  to  get  any  sentence 
or  verdict  against  him,  tho'  in  the  smallest  matters. 

No  law  is  in  force  or  esteeme  there  but  such  as  are  made  by 
the  generall  court,  and  therefore  it  is  accounted  a  breach  of 
their  privileges  and  a  betraying  of  the  liberties  of  their  com 
monwealth  to  urge  the  observation  of  the  lawes  of  England  or 
his  Majesties  commands. 

The  lawes  most  derogatory  and  contradictory  ,to  those  of  England. 

All  persons  of  the  age  of  21  years,  being  excommunicate  or 
condemned,  have  liberty  to  make  wills  and  dispose  of  lands 
and  estates. 

In  capital  cases,  dismembering  or  banishment;  where  no 
law  is  made  by  the  generall  court,  or  in  case  of  defect  of  a  law 
in  any  particular  case,  the  offender  to  be  tryed  by  the  word  of 
God  and  judged  by  the  generall  court. 

Ministers  are  ordained  by  the  people  and  no  injunction  to  be 
put  upon  any  church  officer  or  member,  in  point  of  doctrine, 
worship  or  discipline,  whether  for  substance  or  circumstance, 
besides  the  institution  of  the  Lord. 

Whoever  shall  observe  christmasse  day  or  the  like  festivity, 
by  forbearing  to  labour,  feasting  or  other  way  shall  pay  5s. 
and  whosoever  shall  not  resort  to  their  meeting  upon  the 
Lord's  day  and  such  days  of  fasting  and  Thanksgiving  as  shall 
be  appointed  by  authority,  shall  pay  5s.  no  days  commanded 
by  the  lawes  of  England  to  be  observed  or  regarded. 

No  person  shall  be  impressed  or  compelled  to  serve  in  any 


RANDOLPH'S   REPORT  333 

wars  but  such  as  shall  be  enterprized  by  that  commonwealth, 
by  the  consent  of  a  generall  court,  or  by  authority  derived 
from  them. 

No  person  whatsoever  shall  joine  any  persons  in  marriage 
but  a  magistrate,  it  being  an  honorable  ordinance  arid  therefore 
should  be  accordingly  sollemnized. 

All  strangers  professing  the  true  Christian  religion  that 
shall  fly  to  them  for  succour  from  the  tyranny  or  oppression 
of  their  persecutors,  or  for  any  necessary  or  compulsory  cause, 
they  shall  be  entertained  and  protected  amongst  them  accord 
ing  to  that  power  and  prudence  God  shall  give  them.  By 
which  law  Whalley  and  Gosse  and  other  traytors  were  kindly 
receaved  and  entertained  by  Mr.  Godkins  and  other  magistrates. 

Whosoever  shall  be  in  the  possession  of  any  land  5  years, 
altho'  the  grant  of  said  land  was  to  another,  and  the  possessor 
have  nothing  to  shew  for  the  alienation  thereof  but  his 
possession,  the  possessor  shall  have  the  land  confirmed  to  him. 

No  oath  shall  be  urged  or  required  to  be  taken  by  any 
person  but  such  oath  as  the  generall  court  hath  considered 
allowed  and  required. 

The  oaths  of  allegiance  and  supremacy  are  neither  taken  by 
the  magistrates  nor  required  to  be  taken  by  the  inhabitants, 
only  an  oath  of  fidelity  to  the  government  is  imposed  upon  all 
persons  as  well  strangers  as  inhabitants,  upon  the  penalty  of 
5  L  for  every  week  they  shall  refuse  the  said  oath. 

b.  Second  Charter  of  Massachusetts,  October  7 / 17, 1691 

Acts  and  Resolves  of  the  Province  of  Massachusetts  Bay,  I,  1-20. 

The  stubborn  persistence  of  Massachusetts  in  resisting  all  regulation 
from  England  finally  involved  all  New  England  in  the  despotic  rule  of 
Andros.  On  the  overthrow  of  Andros  (on  the  flight  of  James  II  and  the 
accession  of  William  III),  Connecticut  and  Rhode  Island  continued 
their  former  charter  governments  ;  but  the  Massachusetts  Charter  of 
1029  had  been  declared  void  by  the  English  courts  and  had  been  formally 
surrendered.  The  best  Massachusetts  could  now  do  was  to  secure  a 
much  more  limited  instrument.  For  a  fuller  history,  cf.  American 
History  and  Government,  §  97. 


334  AN  ENGLISH  COLONIAL  SYSTEM 

[Recital  of  the  creation  of  the  Plymouth  Council  in  1620, 
of  the  grant  by  that  Council  to  the  Massachusetts  Bay  Com 
pany  in  1628,  of  the  royal  charter  of  1629,  and  of  the  vacating 
of  that  charter  in  1684.] 

&nti  OTfjereas  severall  persons  employed  as  Agents  in  behalfe 
of  Our  said  Collony  of  the  Massachusetts  Bay  in  New  England 
have  made  their  humble  application  unto  Us  that  Wee  would 
be  graciously  pleased  by  Our  Royall  Charter  to  Incorporate 
Our  Subjects  in  Our  said  Colony  and  to  grant  and  confirm e 
unto  them  such  powers  priviledges  and  Franchises  .  .  .  and 
Wee  being  graciously  pleased  to  gratifie  Our  said  Subjects. 
And  alsoe  to  the  end  Our  good  Subjects  within  Our  Collony 
of  New  Plymouth  in  New  England  aforesaid  may  be  brought 
under  such  a  forme  of  Government  as  may  put  them  in 
a  better  Condition  of  defence  .  .  . 

.  .  .  Wee  doe  by  these  presents  for  Us  Our  Heirs  and 
Successors  Will  and  Ordeyne  that  the  Territories  and  Collony es 
comonly  called  or  known  by  the  Names  of  the  Collony  of 
the  Massachusetts  Bay,  and  Collony  of  New  Plymouth,  the 
Province  of  Main,  the  Territorie  called  Accadia  or  Nova 
Scotia,  and  all  that  Tract  of  Land  lying  betweene  the  said 
Territories  of  Nova  Scotia  and  the  said  Province  of  Main 
be  Erected  United  and  Incorporated  .  .  .  into  one  reall  Prov 
ince  by  the  Name  of  Our  Province  of  the  Massachusetts  Bay 
in  New  England  And  .  .  .  [grant  of  territory]  .  .  . 

!Jir0bftietJ  .  .  .  that  all  and  every  such  Lands  Tenements 
and  Hereditaments  and  all  other  estates  which  any  person 
or  persons  or  Bodyes  Politique  or  Corporate  (Townes,  Villages, 
Colledges,  or  Schooles)  doe  hold  and  enjoy  or  ought  to  hold 
and  enjoy  within  the  bounds  aforesaid  by  or  under  any  Grant 
or  estate  duely  made  or  granted  by  any  Generall  Court 
formerly  held  or  by  vertue  of  the  Letters  Patents  herein 
before  recited  or  by  any  other  lawfull  Right  or  Title  whatso 
ever  shall  be  by  ...  [them]  ...  for  ever  hereafter  held 
and  enjoyed  according  to  the  purport  and  Intent  of  such 
respective  Grant.  .  .  .  And  wee  doe  further  .  .  .  Estab- 


MASSACHUSETTS  CHARTER  OF   1691  335 

lish  and  ordeyne  that  .  .  .  there  shall  be  one  Governour, 
One  Leiutenant  or  Deputy  Governour,  and  One  Secretary  of 
Our  said  Province  or  Territory,  to  be  from  time  to  time 
appointed  and  Commissionated  by  Us  ...  and  Eight  and 
Twenty  Assistants  or  Councillors  to  be  advising  and  assisting 
to  the  Governour  .  .  .  for  the  time  being  as  by  these  presents 
is  hereafter  directed  and  appointed,  which  said  Councillors 
or  Assistants  are  to  be  Constituted,  Elected,  and  Chosen  in 
such  forme  and  manner  as  hereafter  in  these  presents  is 
expressed.  [Appointment  of  first  set  of  officers,  the  Assistants 
to  continue  until  the  last  Wednesday  in  May,  1693.] 

&nlJ  ©lit  Will  and  Pleasure  is  that  the  Governour  .  .  .  shall 
have  Authority  from  time  to  time  at  his  discretion  to  assemble 
and  call  together  the  Councillors  or  Assistants  .  .  .  and  that 
the  said  Governour  with  the  said  Assistants  or  Councillors  or 
Seaven  of  them  at  the  least  shall  and  may  from  time  to  time 
hold  and  keep  a  Councill  for  the  ordering  and  directing  the 
Affaires  of  Our  said  Province  &nti  Jfurtfjer  Wee  Will  .  .  .  that 
there  shall  ...  be  convened  ...  by  the  Governour  .  .  .  upon 
every  last  Wednesday  in  the  Moneth  of  May  every  yeare  for 
ever  and  at  all  such  other  times  as  the  Governour  .  .  .  shall 
think  fitt  and  appoint  a  great  and  Generall  Court  of  Assembly 
Which  .  .  .  shall  consist  of  the  Governour  and  Couucill  or 
Assistants  .  .  .  and  of  such  Freeholders  ...  as  shall  be  from 
time  to  time  elected  or  deputed  by  the  Major  parte  of  the 
Freeholders  and  other  Inhabitants  of  the  respective  Townes 
or  Places  who  shall  be  present  at  such  Elections  .  .  .  To  which 
Great  and  Generall  Court  .  .  .  Wee  doe  hereby  .  .  .  grant 
full  power  and  authority  from  time  to  time  to  direct  .  .  .  what 
Number  each  County  Towne  and  Place  shall  Elect  and  Depute 
to  serve  for  and  represent  them  respectively  .  .  .  ^robitfetJ 
alwayes  that  noe  Freeholder  or  other  Person  shall  have  a 
Vote  in  the  Election  of  Members  .  .  .  who  at  the  time  of  such 
Election  shall  not  have  an  estate  of  Freehold  in  Land  within 
Our  said  Province  or  Territory  to  the  value  of  Forty  Shillings 
per  Annum  at  the  least,  or  other  estate  to  the  value  of  Forty 


336  AN  ENGLISH  COLONIAL  SYSTEM 

pounds  Sterling  .  .  .  and  that  the  Governour  for  the  time  being 
shall  have  full  power  and  Authority  from  time  to  time  as  he  shall 
Judge  necessary  to  adjourne  Prorogue  and  dissolve  all  Great  and 
Generall  Courts  .  .  .  And  .  .  .  Wee  doe  .  .  .  Ordeyne  that 
yearly  once  in  every  yeare  .  .  .  the  aforesaid  Number  of  Eight 
and  Twenty  Councillors  or  Assistants  shall  be  by  the  Generall 
Court  .  .  .  newly  chosen  .  .  .  [Four  at  least  of  the  Assistants  to 
come  from  the  former  Plymouth  Colony  and  three  from  Maine. 
The  General  Court  may  remove  Assistants  from  office,  and  may 
also  fill  vacancies  caused  by  removal  or  death.]  And  Wee 
doe  further  Grant  and  Ordeyne  that  it  shall  and  may  be  law- 
full  for  the  said  Governour  with  the  advice  and  consent  of 
the  Councill  or  Assistants  from  time  to  time  to  nominate  and 
appoint  Judges,  Commissioners  of  Oyer  and  Terminer,  Sheriffs, 
Provosts,  Marshalls,  Justices  of  the  Peace,  and  other  Officers 
to  Our  Councill  and  Courts  of  Justice  belonging,  Probftrti 
alwayes  that  noe  such  Nomination  or  Appointment  of  Officers 
be  made  without  notice  first  given  or  summons  issued  out 
seaven  dayes  before  such  Nomination  or  Appointment  unto 
such  of  the  said  Councillors  or  Assistants  as  shall  be  at  that 
time  resideing  within  Our  said  Province  .  .  .  and  for  the 
greater  Ease  and  Encouragement  of  Our  Loveing  Subjects  In 
habiting  our  said  Province  .  .  .  and  of  such  as  shall  come  to 
Inhabit  there  Wee  doe  .  .  .  Ordaine  that  for  ever  hereafter 
there  shall  be  a  liberty  of  Conscience  allowed  in  the  Worshipp  of 
God  to  all  Christians  (Except  Papists)  Inhabiting  .  .  .  within 
our  said  Province  .  .  .  [Courts  for  the  trial  of  both  civil  and 
criminal  cases  may  be  established  by  the  General  Court,  reserv 
ing  to  the  governor  and  assistants  matters  of  probate  and 
administration.]  &nti  fofjereas  Wee  judge  it  necessary  that  all 
our  Subjects  should  have  liberty  to  Appeale  to  us  ...  in  Cases 
that  may  deserve  the  same  Wee  doe  .  .  .  Ordaine  that  incase 
either  party  shall  not  rest  satisfied  with  the  Judgement  or 
Sentence  of  any  Judicatories  or  Courts  within  our  said  Province 
...  in  any  Personall  Action  wherein  the  matter  in  difference 
doth  exceed  the  value  of  three  hundred  Pounds  Sterling  that  then 


MASSACHUSETTS  CHARTER   OF   1691  337 

he  or  they  may  appeals  to  ws  .  .  .  in  our  .  .  .  Privy  Council 
Provided  such  Appeale  be  made  within  Fourteen  dayes  after  the 
Sentence  or  Judgement  given  and  that  before  such  Appeal  be 
allowed  Security  be  given  by  the  party  or  parties  appealing  in  the 
value  of  the  matter  in  Difference  to  pay  or  Answer  the  Debt  or 
Damages  for  the  which  Judgement  or  Sentence  is  given  With  such 
Costs  and  Damages  as  shall  be  Awarded  by  us  .  .  .  incase  the 
Judgement  or  Sentence  be  affirmed  [provided  that  no  execution 
shall  be  stayed  by  reason  of  such  appeal.]  ^IntJ  we  doe  further 
.  .  .  grant  to  the  said  Governor  and  the  great  and  Generall 
Court  .  .  .  full  power  and  Authority  from  time  to  time  to 
make  ...  all  manner  of  wholesome  and  reasonable  Orders 
Laws  Statutes  and  Ordinances  Directions  and  Instructions 
either  with  penalties  or  without  (soe  as  the  same  be  not  repug 
nant  or  contrary  to  the  Lawes  of  this  our  Realme  of  England) 
as  they  shall  Judge  to  be  for  the  good  and  welfare  of  our  said 
Province.  .  .  .  And  for  the  Government  and  Ordering  thereof 
and  of  the  People  Inhabiting  or  who  shall  Inhabit  the  same 
and  for  the  necessary  support  and  Defence  of  the  Government 
thereof  [and  also]  full  power  and  Authority  to  name  and  settle 
Annually  all  Civill  Officers  within  the  said  Province  (such 
Officers  Excepted  the  Election  and  Constitution  of  whome  wee 
have  by  these  presents  reserved  to  us  ...  or  to  the  Governor) 
.  .  .  and  to  Settforth  the  severall  Duties  Powers  and  Lymitts 
of  every  such  Officer  .  .  .  and  the  forms  of  such  Oathes  not 
repugnant  to  the  Lawes  and  Statutes  of  this  our  Realme  of 
England  as  shall  be  respectively  Administred  unto  them  for 
the  Execution  of  their  severall  Offices  and  places.  And  alsoe  to 
impose  Fines,  mulcts,  Imprisonments,  and  other  Punishments  ; 
And  to  Impose  and  leavy  proportionable  and  reasonable  As 
sessments,  Rates,  and  Taxes,  upon  the  Estates  and  Persons  of 
all  and  every  the  Proprietors  and  Inhabitants  of  our  said  Prov 
ince  .  .  .  ^rofcittJetJ  alwaies  .  .  .  that  in  the  frameing  and 
passing  of  all  such  Orders  .  .  .  and  in  all  Elections  and  Acts 
of  Government  whatsoever  to  be  passed  made  or  done  by  the 
said  Generall  Court  .  .  .  or  in  Council},  the  Governor  .  .  .  shall 


338  AN   ENGLISH  COLONIAL  SYSTEM 

have  the  Negative  voice,  and  that  without  his  consent  or  Approbation 
signified  and  declared  in  Writeing,  no  such  Orders  .  .  .  Elections 
or  other  Acts  of  Government  .  .  .  shall  be  of  any  Force  effect  or 
validity  .  .  .  &ntJ  wee  doe  .  .  .  Ordaine  that  the  said  Orders 
Laws  Statutes  and  Ordinances  be  by  the  first  opportunity  after 
the  makeing  thereof  sent  or  Transmitted  unto  us  ...  under 
the  Publique  Seale  to  be  appointed  by  us  for  Our  .  .  .  appro 
bation  or  Disallowance  And  that  incase  all  or  any  of  them  shall, 
at  any  time  within  the  space  of  three  yeares  next  after  the  same 
shall  have  been  presented  to  us  .  .  .  in  Our  .  .  .  Privy  Councill, 
be  disallowed  and  rejected  and  soe  signified  by  us  .  .  .  unto  the 
Governor  for  the  time  being  then  such  .  .  .  of  them  as  shall  be 
soe  disallowed  .  .  .  shall  thenceforth  cease  and  determine  and 
become  utterly  void  and  of  none  effect.  [Laws  not  disallowed 
within  the  three  years,  to  remain  in  force  until  repealed  by 
the  General  Court.  Grants  of  land  by  the  General  Court, 
within  the  limits  of  the  former  colonies  of  Massachusetts  Bay 
and  New  Plymouth,  and  the  Province  of  Maine,  excepting  the 
region  north  and  east  of  the  Sagadahoc,  to  be  valid  without 
further  royal  approval.  The  governor  to  direct  the  defense  of 
the  province,  and  to  exercise  martial  law  in  case  of  necessity'] 
^c0bttJetJ  alwayes  .  .  .  That  the  said  Governour  shall  not  at 
any  time  hereafter  by  vertue  of  any  power  hereby  granted  or 
hereafter  to  be  granted  to  him  Transport  any  of  the  Inhabitants 
of  Our  said  Province  ...  or  oblige  them  to  march  out  of  the 
Limitts  of  the  same  without  their  Free  and  voluntary  consent 
or  the  Consent  of  the  Great  and  Generall  Court  .  .  .  nor  grant 
Commissions  for  exercising  the  Law  Martiall  upon  any  the  Inhab 
itants  of  Our  said  Province  .  .  .  without  the  Ad  vice  and  Consent 
of  the  Councill  or  Assistants  of  the  same  .  .  .  [In  case  of  the 
death,  removal  or  absence  of  the  governor,  the  lieutenant-gov 
ernor  may  take  his  place  ;  failing  both  governor  and  lieutenant- 
governor,  the  council,  or  the  major  part  of  them,  are  to  act.] 
Probftjcti  alwaies  .  .  .  that  nothing  herein  shall  extend  or  be 
taken  to  ...  allow  the  Exercise  of  any  Admirall  Court  Juris 
diction  Power  or  Authority  but  that  the  same  be  and  is  hereby 


ATTEMPTS  AT   CLOSER  CONTROL  339 

reserved  to  Us  .  .  .  and  shall  from  time  to  time  be  ...  exercised 
by  vertue  of  Commissions  to  be  issued  under  the  Great  Seale 
of  England  or  under  the  Seale  of  the  High  Admirall  or  the 
Commissioners  for  executing  the  Office  of  High  Admirall  of 
England.  .  .  .  2lnti  lastlg  for  the  better  provideing  and  furn 
ishing  of  Masts  for  Our  Royall  Navy  Wee  doe  hereby  reserve 
to  Us  ...  all  Trees  of  the  Diameter  of  Twenty  Four  Inches 
and  upwards  of  Twelve  Inches  from  the  ground  growing  upon 
any  soyle  or  Tract  of  Land  within  Our  said  Province  .  .  .  not 
heretofore  granted  to  any  private  persons. 

111.   Attempts  by  England  at  Closer  Control  after  1700 

For  an  outline  of  these  natural  and  long-continued  attempts,  see  American 
History  and  Government,  §§  117,  118.  The  first  attempt,  barely  avoided 
and  only  by  accident,  is  given  under  a,  below  ;  b  represents  American 
feeling  toward  such  encroachments  ;  and  c  illustrates  the  activity  of  a 
New  England  town  meeting  in  this  field  of  general  politics. 

a.  Recommendation  from  the  Board  of  Trade  to  make 
all  the  Colonies  into  Royal  Provinces.  March  26  j Apr. 
5, 1701 

North  Carolina  Colonial  Records,  I,  535. 

To  the  Kincfs  most  Excellent  Majestie. 
May  it  please,  etc. 

Having  formerly  on  severall  occasions  humbly  represented 
to  your  Majesty  the  state  of  the  Government  under  Proprietors 
and  Charters  in  America ;  and  perceiving  the  irregularities  of 
these  Governments  dayly  to  increase,  to  the  prejudice  of  Trade 
and  of  your  Majesties  other  Plantations  in  America,  as  well  as 
of  your  Majesties  revenue  arising  from  the  Customes  here,  we 
find  ourselves  obliged  at  present  humbly  to  represent  to  your 
Majesty ; 

That  those  Colonies  in  general  have  no  ways  answered  the 
chief  design  for  which  such  large  Tracts  of  Land  and  such 
Priviledges  and  Immunities  were  granted  by  the  Crown. 


340  AN  ENGLISH  COLONIAL  SYSTEM 

That  they  have  not  conformed  themselves  to  the  severall 
acts  of  Parliament  for  regulating  Trade  and  Navigation,  to 
which  they  ought  to  pay  the  same  obedience,  and  submit  to 
the  same  Restrictions  as  the  other  Plantations,  which  are 
subject  to  your  Majesties  immediate  Government ;  on  the 
contrary  in  most  of  these  Proprieties  and  Charter  Govern 
ments,  the  Governours  have  not  applyed  themselves  to  your 
Majesty  for  your  approbation,  nor  have  taken  the  Oaths  re 
quired  by  the  acts  of  Trade,  both  which  Qualifications  are 
made  necessary  by  the  late  Act  for  preventing  frauds  and 
regulating  abuses  in  the  Plantation  Trade. 

That  they  have  assumed  to  themselves  a  power  to  make 
Laws  contrary  and  repugnant  to  the  Laws  of  England,  and 
directly  prejudicial  to  Trade,  some  of  them  having  refused  to 
send  hither  such  Laws  as  they  had  enacted,  and  others  having 
sent  them  but  very  imperfectly. 

That  diverse  of  them  have  denyed  appeals  to  your  Majesty 
in  Councill,  by  which  not  only  the  Inhabitants  of  those  Col 
onies  but  others  your  Majesties  subjects  are  deprived  of  that 
benefit,  enjoyed  in  the  Plantations,  under  your  Majesties  im 
mediate  Government,  and  the  parties  agrieved  are  left  with 
out  remedy  from  the  arbitrary  and  Illegal  proceedings  of  their 
Courts. 

That  these  Colonies  continue  to  be  the  refuge  and  retreat 
of  Pirates  and  Illegal  Traders,  and  the  receptacle  of  Goods 
imported  thither  from  foreign  parts  contrary  to  Law :  In 
return  of  which  Commodities  those  of  the  growth  of  these 
Colonies  are  likewise  contrary  to  Law  exported  to  Foreign 
parts  ;  All  which  is  likewise  much  incouraged  by  their  not 
admitting  appeals  as  aforesaide. 

That  by  raising  and  lowering  their  coin  from  time  to  time, 
to  their  particular  advantage,  and  to  the  prejudice  of  other 
Colonies,  By  exempting  their  Inhabitants  from  Duties  and 
Customes  tp  which  the  other  Colonies  are  subject,  and  by 
Harbouring  of  Servants  and  fugitives,  these  Governments 
tend  greatly  to  the  undermining  the  Trade  and  Welfare  of  the 


ATTEMPTS  AT   CLOSER  CONTROL  341 

other  Plantations,  and  seduce  and  draw  away  the  People 
thereof;  By  which  Diminution  of  Hands  the  rest  of  the 
Colonies  more  beneficial  to  England  do  very  much  suffer. 

That  these  Independent  Colonies  do  turn  the  Course  of 
Trade  to  the  Promoting  and  proprogating  woolen  and  other 
Manufactures  proper  to  England,  instead  of  applying  their 
thoughts  and  Endeavours  to  the  production  of  such  commod 
ities  as  are  fit  to  be  encouraged  in  these  parts  according  to 
the  true  design  and  intention  of  such  settlements. 

That  they  do  not  in  general  take  any  due  care  for  their  own 
defence  and  security  against  an  Enemy,  either  in  Building 
Forts  or  providing  their  Inhabitants  with  sufficient  Amies 
and  Amimition,  in  case  they  should  be  attacked,  which  is 
every  day  more  and  more  to  be  apprehended,  considering  how 
the  French  power  encreases  in  those  parts. 

That  this  cheifly  arises  from  the  ill  use  they  make  of  the 
powers  entrusted  to  them  by  their  Charters,  and  the  Independ 
ency  which  they  pretend  to,  and  that  each  Government  is 
obliged  only  to  defend  its  self  without  any  consideration  had 
of  their  Neighbours,  or  of  the  general  preservation  of  the  whole. 

That  many  of  them  have  not  a  regular  militia  and  some 
(particularly  the  Colonies  of  East  and  West  New  Jersey)  are 
no  otherwise  at  present  than  in  a  state  of  Anarchy  and 
confusion. 

And  because  the  care  of  these  and  other  great  mischiefs  in  your 
Majesties  Plantations  and  Colonies  aforesaid,  and  the  introduc 
ing  such  an  administration  of  Government  and  Jit  regulation  of 
Trade  as  may  put  them  into  a  better  State  of  Security  and  make 
them  duly  subservient  and  usefull  to  England,  does  every  day 
become  more  and  more  necessary,  and  that  your  Majesties  fre 
quent  Commands  to  them  have  not  met  with  due  complyance: 
We  humbly  conceive  it  may  be  expedient  that  the  Charters  of  the 
severall  Proprietors  and  others  intitllng  them  to  absolute  Govern 
ment  be  reassumed  to  the  Crown  and  these  Colonies  put  into  the 
same  State  and  dependency  as  those  of  your  Majesties  other 
Plantations,  without  prejudice  to  any  man' s  particular  property 


342  AN   ENGLISH  COLONIAL  SYSTEM 

and  freehold.     Which  being  no  otherwise  so  well  to  be   effected 
as  by  the  Legislative  power  of  this  Kingdome. 

Wee  humbly  submit  the  same  to  your  Majesties  Royal 
consideration. 

b.  John  Wise  upon  Englishmen  and  Tyranny 

This  extract  comes  from  a  pamphlet  by  John  Wise,  minister  at 
Ipswich,  and  a  leader  (and  sufferer)  against  arbitrary  taxation  by 
Andros  twenty  years  earlier,  and  is  in  the  nature  of  a  warning  that  the 
American  English  will  not  submit  to  political  aggression. 

Englishmen  hate  an  arbitrary  power  (politically  considered) 
as  they  hate  the  devil.  .  .  .  And  though  many  of  their  in- 
cautelous  princes  have  endeavored  to  null  all  their  charter 
rights  and  immunities,  and  agrandize  themselves  in  the  servile 
state  of  the  subjects,  by  setting  up  their  own  seperate  will, 
for  the  great  standard  of  government  over  the  nation,  yet 
they  have  all  along  paid  dear  for  their  attempts,  both  in  the 
ruin  of  the  nation,  and  in  interrupting  the  increase  of  their 
own  grandeur,  and  their  foreign  settlements  and  conquests. 

Had  the  late  reigns,  before  the  accession  of  the  great 
William  and  Mary,  to  the  throne  of  England,  but  taken  the 
measures  of  them,  and  [of]  her  present  majesty,1  in  depressing 
vice,  and  advancing  the  union  and  wealth,  and  encouraging  the 
prowice  and  bravery  of  the  nation,  they  might  by  this  time 
have  been  capable  to  have  given  laws  to  any  monarch  on 
earth  ;  but  spending  their  time  in  the  pursuit  of  an  absolute 
monarchy  (contrary  to  the  temper  of  the  nation,  and  the  an 
cient  constitution  of  the  government)  through  all  the 
meanders  of  state  craft :  It  has  apparently  kept  back  the 
glory,  and  dampt  all  the  most  noble  affairs  of  the  nation. 
And  when  under  the  midwifry  of  Machiavilan  art,  and  cunning 
of  a  daring  prince,  this  MONSTER,  tyranny,  and  arbitrary 
government,  was  at  last  just  born,  upon  the  holding  up  of  a 
ringer !  or  upon  the  least  signal  given,  ON  the  whole  nation 
goes  upon  this  HYDRA.2 

1  Queen  Anne.          2  A  reference  to  the  expulsion  of  James  II. 


TOWN  MEETING  ACTIVITY  343 

The  very  name  of  an  arbitrary  government  is  ready  to  put 
an  Englishman's  blood  into  a  fermentation  ;  but  when  it  really 
comes,  and  shakes  its  whip  over  their  ears,  and  tells  them  it 
is  their  master,  it  makes  them  stark  mad. 

c.  Boston's  Action  Relative  to  the  Proposed  Permanent 
Salary  for  the  Governor  in  1729 

Boston  Town  Records  (for  dates  given). 

The  full  records  of  the  meeting  are  given,  that  the  student  may  see 
how  great  matters  of  state  were  mingled  with  trivial  and  local  business. 
The  attempt  of  England  to  secure  a  fixed  salary  for  the  Governor  of 
Massachusetts  would,  if  successful,  have  made  that  officer  wholly  inde 
pendent  of  popular  control.  Cf.  American  History  and  Government, 
§  118,  for  the  whole  story. 

AT  a  Meeting  of  the  Freeholders  and  Other  Inhabitants  of 
the  Town  of  Boston  Duly  Qualified  being  Regulerly  Assembled 
in  a  Publick  Town  meeting  at  the  Town  House  Tuesday  May 
the  6th  1729- 

After  Prayer  by  the  Revd  mr  Thomas  Prince  [and  after] 
Elisha  Cooke  Esqr  Chose  [n]  Moderator  for  this  Meeting. 

Sundry  Petitions  E/ead  Vizt 

About  a  place  for  the  Grainery 

About  m.   [Mr.]  Peleg  Wiswalls  Sallary 

About  m.  Edward  Mills  Sallary 

m.  Samuel  Oakes  Petition 

m.  Jera  [Jeremiah]  Condys  Petition 

The  Selectmens  Report  of  Sundry  things  left  to  them 

Voted  to  Chuse  4  Representatives 

The  Number  of  Voters  were  -  -  192 

votes. 

Elisha  Cooke  Esqr         188 
m.  Thomas  Gushing  -    190 


m.  Ezekll  Lewis  -          190 
in.  Samll  Welles  -          184 


Chose  [n]  Representatives 


344  AN   ENGLISH  COLONIAL  SYSTEM 

Voted  To  Chuse  a  Comittee  to  Prepare  Instructions  for 
the  Representatives  for  their  Acting  at  the  General  Court  at 
their  Approching  Session,  And  to  Lay  them  befor  the  Meeting 
in  the  Afternoon  — 

Voted:  That  John  Alford  Esqr  mesrs  Henry  Dering 
and  Nathll  Cunningham  be  the  Said  Committee  — 

On  the  Petition  of  Sundry  Inhabitants  about  the  Situatian 
of  the  Grainery 

Voted  That  mr  Moderator  and  the  Selectmen  be  Joyned  with 
the  Comittee  appointed  for  Building  the  Grainery,  Be  desired 
to  View  the  Place,  And  make  Return  of  their  Opinion  thereof 
to  the  Meeting  after  Dinner  this  Day  — 
mr  John  Jeffers  Excus'd 


rnu  AT  ff  4.          T?        ,-,:  Chosen  Assessors, 

mr  Thomas  Moffat          Excus'd 


Edward  Maycomb  -  Sworn 
John  Spooner     -    -  Sworn 


Clerks   of   the  Market. 


Nathanll  Cobbit     -  Sworn 

Post  Meridiem. 

Voted  That  the  Grainery  be  Erected  and  Set  up  Rainging 
with  the  Line  of  the  Burying  place  on  the  Comon  fronting 
Eastward,  The  Said  Building  to  be  not  Less  then  [than]  forty 
feet  distant  from  the  [South]  Corner  of  the  Brick  wall  of  the 
Burying  place — 

mr  James  Pemberton-Pay1]  A 

,T,  ,  a          \  Assessors. 

mr  James  Watson    -  Sworn] 

In  as  much  as  the  Gramer  School  at  the  North  End  of  the 
Town  of  which  mr  Peleg  Wiswall  is  the  Master  is  much  In- 
creaced  in  the  Number  of  the  Schollers,  and  that  no  Usher  is 
alowed  to  assist  him  in  his  School ; 

Voted  That  there  be  an  Additian  of  Forty  Pounds  to  the 
Said  mr  Wiswalls  Salary  — 

Samll  Oakes  Petition  Read  and  Dismist  — 

******* 

1  Paid  a  fine  for  refusing  to  serve. 


TOWN  MEETING  ACTIVITY  345 

In  Answer  to  Mr.  Edward  Mills  His  Petitian.  Voted  That 
there  be  an  Addition  of  Twenty  Pounds  to  the  Said  Mr.  Edward 
Mills  Sallary- 

Upon  A  Motion  made  by  Elisha  Cook  Esquire  That  the 
Dividing  Line  between  the  Towns  Land  in  the  Occupation  of 
Mr.  Nathaniel  Williams  and  His  Land  on  the  East  Side  in 
School  Street  is  for  want  of  due  Care  become  Crucked,  intrench 
ing  both  upon  the  One  and  the  Others  Land,  That  therefore 
they  would  Direct  and  Imp[o]wer  the  Selectmen  to  Rectifie 
that  line  as  to  them  Seems  Just  and  Equitable  —  And  Further 
That  they  would  be  pleased  to  Accomodate  him  with  about 
two  feet  of  the  Front  of  his  Land  next  Mr.  Williams  on  Such 
Terms  as  the  Selectmen  Shall  Agree  for  with  the  Said 
Mr.  Cooke  — 

Read  and  Voted  That  it  be  left  with  the  Selectmen  to  Act 
therein  as  they  Judge  Meet  — 

On  the  Petition  of  Mr.  Jeramiah  Condy  for  Addition  to  his 
Salary. 

Voted  that  the  Consideration  of  Said  Petition  be  Referred 
for  further  Consideration  to  the  Next  Town  Meeting,  and 
That  in  the  mean  time  Nathaniel  Green  John  Alford  Esquires 
and  Mr.  Thomas  Gushing  Junior  are  desired  to  Inspect  the 
Several  Wrighting  Schools  within  this  Town  at  Such  Time  as 
they  Shall  think  Avisable  for  the  year  Currant,  And  that  they 
do  in  an  Espesial  Manner  Vizit  Mr.  Condys  School  and  Report 
to  the  Town  at  their  Meeting  the  Ability  and  Industry  of  the 
Said  Mr.  Condy  and  the  Proficiency  of  the  Schollers  under 
His  Tuition  — 

The  Comittee  this  day  chosen  and  Appointed  to  Prepare 
Instructions  for  the  Representatives,  for  their  Acting  at  the 
General  Court  at  their  Approching  Session  And  to  Lay  [them] 
before  the  Meeting  in  the  afternoon  —  Return  as  Follows:  Viz. 

To  Elisha  Cooke  Esquire,  Messrs.  Thomas  Gushing,  Ezekiel 
Lewis  and  Samuel  Welles :  — 


346  AN  ENGLISH  COLONIAL  SYSTEM 

Gentlemen  — 

Your  known  Loyalty  to  His  Present  Majesty  King  George, 
and  Sincear  Atachnient  to  the  Succession  in  the  Illustrious 
House  of  Hannover,  Your  Hearty  Love  to  this  Your  native 
Country,  Your  Singuler  Value  for  the  Liberty  and  Propperty 
of  this  People,  your  Cheerfull  and  Una[ni]mous  Concurrance 
to  promote  our  Best  Intrist,  And  your  Approved  Integrity 
in  those  Publick  Stations  wherein  you  have  bin  Employed, 
Have  fixed  the  Eyes  of  this  Town  on  and  Determined  their 
Choice  of  you  as  Propper  Persons  to  Represent  them  in 
the  Next  General  Assembly  Wherin  they  Expect  That  you 
behave  your  Selves  with  your  Wonted  Zeal  and  Courage  in 
Prossecuting  those  good  Designes  which  may  tend  to  the 
Peace  and  wellfair  of  these  His  Majestys  Good  Subjects,  and 
Secure  those  Rights  and  Priviledges  which  by  the  Royal 
Charter  we  have  a  Just  claim  to,  and  as  Englishmen  do  of 
Right  appertain  to  us,  And  agreable  there  unto  we  Recomend 
unto  you  in  an  Especial  Manner  — 

That  you  Endeavor  to  Maintain  all  our  Civil  Rights  and 
Propertys  against  any  Incrochments  upon  them. 

That  you  Continue  to  Pay  a  due  Regard  to  His  Excellency 
Our  Governor,  and  that  you  Endeavor  that  He  may  have  an 
Honourable  Support,  But  we  desire  at  the  Same  time  That 
you  use  your  utmost  Endeavor  That  the  Honourable  House 
of  Representatives  may  not  be  by  any  means  Prevailed  upon 
or  brought  into  the  Fixing  a  Certain  Sallary  for  any  Certain 
time,  But  that  they  may  Improve  their  usual  freedom  in 
granting  their  Money  from  time  to  time,  as  they  Shall  Judg 
the  Province  to  be  able,  and  in  Such  a  manner  as  they  Shall 
think  most  for  the  Benefit  and  advantage  thereof,  And  if 
your  Pay  Should  be  diverted  you  may  Depend  on  all  the 
Justice  Imaginable  from  this  Town  whom  you  Represent :  — 

JOHN  ALFORD  1 

HENRY  DERING  \   Comittee 

NATHLL  CUNINGHAM 


COLONIAL   RESISTANCE  347 

The  Foregoing  Return  of  the  Committee  was  Presended[ted] 
Read  Sundry  times  and  Voted  Approved. 

The  Report  of  the  Selectmen  upon  Several  Votes  of  the  Town 
at  their  Meeting  the  10th  of  March,  1728  :  were'Read  and  Con 
sidered  Viz., 

The  Selectmen  have  Viewed  the  Marsh  at  the  Bottom  of  the 
Common,  and  not  rinding  any  Material  use  that  can  be  made  of 
it  at  the  present,  and  Considering  the  Present  Circumstances  of 
the  Town  Are  of  Opinion  it  is  best  to  ly  in  the  Condition  it  now 
is. 

Read  and  the  Report  Accepted —  .  .  . 

As  to  the  Proposals  About  Bennet  Street  —  It  is  thought 
Convenient  to  be  Paved  if  the  Town  thinke  it  Convenient  to 
Raise  Money  for  the  Doing  it  at  this  Meeting. 

Read  and  Refer'd  for  further  consideration  to  the  Next  March 
Meeting.  .  .  . 

d-  Connecticut  refuses  to  obey  a  Royal  Officer  appointed 
to  command  her  Militia  against  French  and  Indians 
in  1693 

New  York  Colonial  Documents,  IV,  71. 

King  William  III  appointed  Fletcher  governor  of  the  royal  province  of 
New  York,  and  commissioned  him  to  command  the  militia  also  of  Con 
necticut,  the  neighboring  charter  colony,  in  the  war  usually  known  as 
King  William's  War.  The  device  was  eminently  wise,  as  a  military  meas 
ure  ;  but  it  was  stubbornly  resisted  by  Connecticut.  The  historians  of 
that  colony  delight  to  tell  a  legend  that  when  the  governor  arrived  and 
tried  to  have  his  commission  read  by  his  secretary  to  the  militia  (drawn 
up  in  arms  to  repel  rather  than  to.  receive  him),  Captain  Wadsworth 
drowned  the  reading  by  commanding  drums  to  beat ;  three  times  this 
was  repeated  ;  and  the  last  time  Wadsworth  added,  "  If  you  try  again, 
I'll  make  daylight  shine  through  you."  The  following  document  gives 
what  is  probably  a  more  accurate  statement, — but  one  which  shows 
equally  well  that  Connecticut  had  her  way.  For  the  general  conflict  of 
which  this  was  one  incident  between  crown  and  colonies,  cf.  American 
History  and  Government,  §§  117,  118. 


348  AN   ENGLISH  COLONIAL  SYSTEM 

Governor  Fletcher  of  New  York  to  Mr.  Southwett 

Connecticute  in  New  England 

Octoer  30th  '93. 
Sir: 

I  have  been  in  this  Collony  20  dayes  laboreing  to  perswade 
a  stubborne  people  to  theire  dewty.  I  Publis'd  their  Majesties 
[William  and  Mary]  Commission  in  theire  General  Court  att 
Hartford.  Assured  them  I  had  noe  pretentious  to  their  civell 
adminestration.  But  the  mallitia  being  lodged  in  the  Crowne 
...  I  came  with  commission  under  the  greate  scale  to  take 
that  .  .  .  charge.  They  refused  all  obedienc.  Have  sepperated 
not  only  from  the  Church,  But  Crowne  of  England ;  and  allowe 
of  noe  appeale  from  theire  Courts,  nor  the  Lawes  of  England 
to  have  any  force  amongst  them.  Some  of  the  wiseest  have 
saide  "  Wee  are  not  permitted  to  vote  for  any  members  of  Parliamt, 
and  therefore  [are]  not  lyable  to  theire  lawes."  [Expresses  mili 
tary  dangers  due  to  refusal.] 

I  never  sawe  the  like  people.  ...  I  could  not  force  obedience 
haveing  noe  Company  but  a  few  servants  and  two  friends;  nor 
did  I  think  it  the  King's  service  to  carry  on  the  contest  to 
Blonde,  tho  they  threaten  to  draw  mine  for  urging  my  Masters 
right  ...  I  have  just  now  a  letter  from  a  sure  f reinde  acquaint 
ing  mee  the  mobb  have  a  designe  upon  my  life.  I  must  not 
goe  out  of  the  way,  tho'  very  thinly  attended.  .  .  . 

[The  following  November  10,  Fletcher  wrote  from  New  York  to  the 
Committee  on  the  Colonies  urging  that  the  Connecticut  Charter  be  pro 
ceeded  against  under  a  writ  of  quo  warranto,  with  a  view  of  uniting  that 
colony  with  New  York.  The  same  letter  describes  in  detail  the  serious 
perils  from  French  and  Indians.  One  paragraph  should  be  quoted:  "Our 
hardships  grow  upon  us.  Canada  .  .  .  hath  received  seven  hundred  men 
and  stores  of  Warr  from  France  this  last  Summer.  Our  Indians  falter 
.  .  .  These  small  Colonies  ...  are  [as]  much  divided  in  theire  interest 
and  affection  as  Christian  and  Turk.  .  .  ."] 


COMMISSION  OF  A  ROYAL  GOVERNOR         349 

112.   Commission  of  a  Royal  Governor 

New  Hampshire  Provincial  Papers,  VI,  908  (edited  by  N.  Benton). 

This  commission,  in  compact  form,  describes  the  government  of  a  royal 
colony  just  before  the  Revolution.  The  omissions  (indicated  by  .  .  .) 
are  mainly  tautological  phrases. 

George  the  Third,  by  the  grace  of  God  of  Great  Britain, 
France,  and  Ireland,  King  .  .  . 

To  our  Trusty  and  well  beloved  Benning  Wentworth  Esquire, 
Greeting:  Know  you,  that  Wee,  reposing  especial  Trust  and 
Confidence  in  the  Prudence,  Courage,  and  Loyalty  of  you 
Benning  Wentworth,  of  our  Especial  grace,  certain  Knowledge, 
and  meer  motion,  Have  thought  fit  to  constitute  and  appoint 
you  ...  to  be  our  Governour  and  Commander-in-Chief  of  our 
Province  of  New  Hampshire  .  .  .  with  all  ...  the  authoritys 
hereby  granted  you  .  .  .  during  our  will  and  Pleasure : 

And  We  do  hereby  require  .  .  .  you  to  ...  execute  all  things 
.  .  .  that  shall  belong  unto  your  said  Command  .  .  .  according 
to  the  several  Powers  .  .  .  granted  .  .  .  you  by  this  Present 
Commission  ...  or  by  such  further  powers,  Instructions,  and 
Authorities  as  shall  at  any  time  be  granted  or  appointed  you 
under  our  .  .  .  sign  manual  .  .  .  and  according  to  such  reason 
able  Laws  and  Statutes  as  now  are  in  force  or  hereafter  shall 
be  made  and  agreed  upon  by  you  with  the  advice  and  consent 
of  our  Council  and  the  Assembly  of  our  said  Province.  .  .  . 

And  wee  do  hereby  give  .  .  .  you  full  Power  ...  to  suspend 
any  of  the  members  of  our  said  Council  from  sitting,  Voting, 
and  assisting  therein,  if  you  shall  find  just  cause  for  so  doing: 
and  if  it  shall  at  any  time  happen  that  by  the  Death  or  Depar 
ture  out  of  our  said  Province,  suspension  of  any  of  our  said 
Councillors,  or  otherwise,  there  shall  be  a  Vacancy  in  our  said 
Council  (any  three  whereof  we  do  hereby  appoint  to  be  a  Quo 
rum),  our  Will  and  Pleasure  is  that  you  signify  the  same  to  us 
by  the  first  opportunity,  that  we  may  .  .  .  appoint  others  in 
their  stead ;  but  that  our  affairs  at  that  Distance  may  not  suffer 


350  AN  ENGLISH  COLONIAL  SYSTEM 

for  want  of  a  due  number  of  Councillors,  if  ever  it  shall  happen 
that  there  shall  be  less  than  seven  of  them  residing  in  our  said 
Province,  Wee  do  hereby  give  .  .  .  unto  you  .  .  .  full  Power 
...  to  choose  as  many  Persons  out  of  the  Principal  Freeholders, 
Inhabitants  thereof,  as  will  make  up  the  full  Number  of  our 
said  Council  to  be  seven,  and  no  more  .  .  . 

And  wee  do  hereby  give  .  .  .  you  full  Power  .  .  .  with  the 
advice  and  consent  of  our  said  Council  from  time  to  time,  as 
need  shall  require,  to  summon  and  call  General  Assemblys  of 
the  said  Freeholders  and  Planters  within  your  Government,  in 
manner  and  form  according  to  the  usage  of  our  Province  of 
New  Hampshire : 

Wee  do  hereby  Declare  that  the  Persons  so  elected  and 
qualified  shall  be  caHed  and  Deemed  the  General  Assembly  of 
our  said  Province  .  .  .  and  that  you  .  .  .  with  the  consent  of 
our  said  Council  and  Assembly,  or  the  major  part  of  them 
respectively,  shall  have  full  Power  ...  to  make,  Constitute, 
and  ordain  Laws,  Statutes,  and  Ordinances,  for  the  Publick 
Peace,  Welfare,  and  good  Government  of  our  said  Province 
.  .  .  and  for  the  Benefit  of  us  our  Heirs  and  Successors,  — 
which  said  Laws  .  .  .  are  not  to  be  repugnant,  but,  as  near  as 
may  be,  agreeable  to  the  laws  ...  of  this  our  Kingdom  of 
Great  Britain. 

Provided  that  all  such  Statutes  and  Ordinances,  of  whatever 
nature  and  Duration  soever,  be,  within  three  months  .  .  . 
after  the  making  thereof,  transmitted  unto  us  ...  for  our 
approbation  or  Disallowance  [as  also  Duplicates  of  the  same 
by  the  next  conveyance] ;  and  in  case  any  or  all  of  the  said 
Laws  .  .  .  ,  not  before  confirmed  by  us,  shall  at  any  time  be 
disallowed  .  .  .  and  so  signified,  by  us  our  Heirs  or  Successors 
.  .  .  unto  you  .  .  .  or  to  the  Commander-in-Chief  of  our  said 
Province  for  the  time  being,  then  such  and  so  many  of  the  said 
Laws  .  .  .  shall  from  thence  cease,  Determine,  and  become 
utterly  void  ... 

And  to  the  end  that  nothing  may  be  passed  or  done  by  our 
said  Council  or  Assembly  to  the  Prejudice  of  us,  our  Heirs 


COMMISSION   OF  A  ROYAL  GOVERNOR         351 

and  Successors,  We  will  and  ordain  that  you  .  .  .  shall  have 
...  a  negative  Voice  in  the  making  and  Passing  of  all  Laws 
and  Statutes  and  ordinances  .  .  .  and  you  shall  and  may  .  .  . 
from  time  to  time,  as  you  shall  judge  it  necessary,  adjourn,  Pro 
rogue,  and  Dissolve  all  General  Assemblies  as  aforesaid.  •.  .  .  . 

And  We  do  hereby  authorize  .  .  .  you  to  constitute  .  .  . 
Judges,  and,  in  cases  requisite,  Commissioners  of  Oyer  and 
Terminer,  Justices  of  the  Peace,  and  other  necessary  officers 
.  .  .  in  our  said  Province  for  the  better  administration  of 
Justice  and  putting  the  Laws  in  execution  .  .  . 

And  we  do  hereby  give  .  .  .  you  full  Power  .  .  .  where 
you  shall  see  cause,  or  shall  Judge  any  offenders  ...  fit 
objects  for  our  mercy,  to  Pardon  all  such  .  .  .  offenders,  and 
to  remit  all  ...  fines  and  forfeitures,  Treason  and  Willfull 
murder  only  excepted  ...  in  which  cases  you  shall  likewise 
have  Power,  upon  extraordinary  occasions,  .to  grant  reprieves 
.  .  .  until  .  .  .  our  royal  Pleasure  may  be  known  .  .  . 

And  We  do  hereby  give  .  .  .  unto  you  .  .  .  ,  by  yourself  or 
by  your  Captains  ...  by  you  to  be  authorized,  full  Power 
...  to  Levy,  arm,  muster,  command,  and  Employ  all  persons 
whatsoever  residing  within  our  said  Province  .  .  .  for  the  re 
sisting  and  withstanding  of  all  enemies,  Pyrates,  and  rebels 
.  .  .  and  to  transport  such  forces  to  any  of  our  Plantations  in 
America,  if  necessity  shall  require,  for  the  Defence  of  the 
same  .  .  .  and  to  Execute  martial  Law  in  time  of  Invasion,  or 
other  times  when  by  Law  it  may  be  executed,  and  to  do  and 
execute  every  other  thing  .  .  .  which  to  our  Commander-in- 
Chief  doth  or  ought  of  right  to  belong  .  .  . 

And  We  do  hereby  command  all  officers  .  .  .  civil  and  mili 
tary,  and  all  other  Inhabitants  ...  to  be  obedient  aiding  and 
assisting  unto  you,  the  said  Benning  Wentworth,  in  the 
Execution  of  this  our  Commission  .  .  .  and  in  case  of  your 
Death,  or  absence  out  of  our  Province,  unto  such  person  as 
shall  be  appointed  by  us  to  be  our  Lieutenant  Governor  .  .  . 
to  whom  we  do  therefore  by  these  Presents  give  and  grant  all 
and  singular  the  Powers  and  authorities  aforesaid  [and,  if  no 


352  AN  ENGLISH  COLONIAL  SYSTEM 

Lieutenant  Governor  has  been  named,  then]  the  Eldest 
Councillor,  whose  Name  is  first  placed  in  our  Instructions  to 
you  .  .  .  shall  take  upon  him  the  administration  of  the 
government  and  Execute  our  said  Commission  .  .  .  and  the 
several  Powers  therein  contained. 

113.  Free  Speech  Vindicated 
(Trial  of  John  Peter  Zenger,  1735.) 

Zenger,  in  1738,  published  a  "  Brief  Narrative  of  the  Case  andTryall," 
somewhat  in  the  form  of  a  modern  "  Report,"  though  he  speaks  in  the 
first  person.  In  1735  the  governor  of  New  York  removed  the  chief 
justice  of  the  colony  for  personal  reasons.  Zenger,  in  his  Weekly  Journal, 
vigorously  criticized  this  and  other  despotic  actions  of  the  governor.  He 
was  prosecuted  for  criminal  libel ;  and  the  new  chief  justice  showed  a 
determination  to  secure  a  conviction,  trying  to  limit  the  jury  to  deciding 
only  whether  Zenger  was  responsible  for  the  publication,  and  reserving 
to  himself  the  decision  whether  the  words  were  punishable.  This  was 
the  custom  in  English  courts  of  the  day  in  government  prosecutions. 

Italics  and  black-faced  type  are  as  in  the  original. 

[The  Attorney  General's  complaint,  as  Zenger  reports,  char 
acterized  him  as  "  a  seditious  person  and  a  frequent  Printer  and 
Publisher  of  false  news  and  seditious  Libels,  and  charged  specifi 
cally  that  he]  "  did  falsely,  seditiously,  and  scandalously  print 
and  publish  ...  a  certain  false,  malicious,  seditious,  scandalous 
Libel  .  .  .  concerning  His  Excellency  the  Governour  .  .  .  [in 
which  publication  he  represented  a  former  inhabitant  explaining 
that  he  had  left  the  colony,  as  he  doubts  not  others  will,  because, 
among  other  reasons]  They  .  .  .  think  .  .  .  that  their  LIBER 
TIES  and  PROPERTIES  are  precarious,  and  that  SLAVERY 
is  likely  to  be  intailed  on  them  and  their  Posterity  if  some  past 
Things  be  not  amended  .  .  .  (meaning,  the  past  Proceedings  of 
his  Excellency  the  Governor  ...)...  [and]  WE  .  .  .  SEE 
MENS  DEEDS  DESTROYED,  JUDGES  ARBITRARILY 
DISPLACED,  NEW  COURTS  ERECTED  WITHOUT 
CONSENT  OF  THE  LEGISLATURE.  . 


FREE   SPEECH  VINDICATED  353 

"Who  then  [can]  call  any  Thing  his  own,  or  enjoy  any  Liberty 
.  .  .  longer  than  those  in  the  Administration  .  .  .  will  condescend 
to  let  them  ?" 

[This  publication,  the  Attorney  General  charges,  was]  to  the 
great  disturbance  of  the  Peace  of  the  .  .  .  Province  ...  to  the 
Great  Scandal  of  Our  said  Lord  the  King,  of  His  Excellency 
the  Governor  [etc]  ;  whereupon  the  said  Attorney  General  of 
Our  said  Lord  the  King,  for  Our  said  Lord  the  King,  prays 
.  .  .  the  due  Process  of  the  Law  against  him  the  said  John 
Peter  Zenger  ...  in  the  Premises. 

[The  Report  continues :] 

To  this  Information  the  Defendant  has  pleaded  Not  Guilty, 
and  we  are  ready  to  prove  it.  ... 

Then  Mr.  Hamilton,1  who  at  the  Request  of  some  of  my 
Friends,  was  so  kind  as  to  come  from  Philadelphia  to  assist  me 
on  the  Tryal,  spoke. 

Mr.  Hamilton,  "  May  it  please  your  Honour  ;  I  am  concerned 
in  this  Cause  on  the  Part  of  Mr.  Zenger  the  Defendant.  The 
Information  against  my  Client  was  sent  me,  a  few  days  before 
I  left  Home,  with  some  Instructions  to  let  me  know  how  far  I 
might  rely  upon  the  Truth  of  those  Parts  of  the  Papers  set 
forth  in  the  Information,  and  which  are  said  to  be  libellous 
...  I  cannot  think  it  proper  for  me  (without  doing  Violence 
to  my  own  Principles)  to  deny  the  Publication  of  a  Complaint, 
which  I  think  is  the  Right  of  every  free-born  Subject  to  make, 
when  the  Matters  so  published  can  be  supported  with  Truth ; 
and  therefore  I'll  save  Mr.  Attorney  the  Trouble  of  Examining 
his  Witnesses  to  that  Point ;  and  I  do  (for  my  Client)  confess, 
that  he  both  printed  and  published  the  two  News  Papers  set 
forth  in  the  Information,  and  I  hope  in  so  doing  he  has  com 
mitted  no  Crime.  ..." 

Mr.  Attorney,  .  .  .  "  The  Case  before  the  Court  is,  whether 
Mr.  Zenger  is  guilty  of  Libelling  his  Excellency  the  Governor 
of  New-York,  and  indeed  the  whole  administration  of  the  Gov- 

1  James  Hamilton,  an  aged  Pennsylvania  lawyer. 


354  AN   ENGLISH   COLONIAL  SYSTEM 

eminent  ?  Mr.  Hamilton  has  confessed  the  Printing  and  Pub 
lishing,  and  I  think  nothing  is  plainer,  than  that  the  Words  in 
the  Information  are  scandalous,  and  tend  to  Sedition,  and  to  disquiet 
the  Minds  of  the  People  of  this  Province.  And  if  such  Papers  are 
not  Libels,  I  think  it  may  be  said,  there  can  be  no  such  Thing 
as  a- Libel." 

Mr.  Hamilton,  "  May  it  please  your  Honour ;  I  cannot  agree 
with  Mr.  Attorney:  For  tho'  I  freely  acknowledge,  that  there 
are  such  Things  as  Libels,  yet  I  must  insist  at  the  same  Time, 
that  what  my  Client  is  charged  with,  is  not  a  Libel  ;  and  I 
observed  just  now,  that  Mr.  Attorney  in  defining  a  Libel,  made 
use  of  the  Words  scandalous,  seditious,  and  tend  to  disquiet  the  Peo 
ple  ;  but  (whether  with  Design  or  not  I  will  not  say)  he  omitted 
the  Word  false." 

Mr.  Attorney,  I  think  I  did  not  omit  the  Word  false:  But  it 
has  been  said  already,  that  it  may  be  a  Libel,  notwithstanding 
it  may  be  true. 

Mr.  Hamilton,  In  this  I  must  still  differ  with  Mr.  Attorney; 
for  I  depend  upon  it,  we  are  to  be  tried  upon  this  Information 
now  before  the  Court  and  Jury,  and  to  which  we  have  pleaded 
Not  Guilty,  and  by  it  we  are  charged  with  printing  and  publish 
ing,  a  certain  false,  malicious,  seditious  and  scandalous  Libel.  This 
Word  false  must  have  some  Meaning,  or  else  how  came  it 
there?  .  .  . 

Mr.  Ch.  Justice,  You  cannot  be  admitted,  Mr.  Hamilton,  to  give 
the  Truth  of  a  Libel  in  Evidence.  A  Libel  is  not  to  be  justi 
fied;  for  it  is  nevertheless  a  Libel  that  [i.e.  tho']  it  is  true. 

Mr.  Hamilton,  I  am  sorry  the  court  has  so  soon  resolved  upon 
that  Piece  of  Law ;  I  expected  first  to  have  been  heard  to  that 
Point.  I  have  not  in  all  my  Reading  met  with  an  Authority 
that  says,  we  cannot  be  admitted  to  give  the  Truth  in 
Evidence,  upon  an  Information  for  a  Libel. 

Mr.  Ch.  Justice,  The  Law  is  clear,  That  you  cannot  justify  a 
Libel.  .  .  . 

Mr.  Hamilton,  I  thank  your  Honour.  Then,  Gentlemen  of  the 
Jury,  it  is  to  you  we  must  now  appeal,  for  Witnesses,  to  the 


FREE   SPEECH  VINDICATED  355 

Truth  of  the  Facts  we  have  offered,  and  are  denied  the  Liberty 
to  prove ;  and  let  it  not  seem  strange,  that  I  apply  my  self  to 
you  in  this  Manner,  I  am  warranted  so  to  do  both  by  Law  and 
Reason.  The  Last  supposes  you  to  be  summones,  out  of  the 
Neighbourhood  where  the  Fact  is  alledged  to  be  committed;  and 
the  Reason  of  your  being  taken  out  of  the  Neighbourhood  is, 
because  you  are  supposed  to  have  the  best  Knowledge  of  the  Fact 
that  is  to  be  tried.  And  were  you  to  find  a  Verdict  against  my 
Client,  you  must  take  upon  you  to  say,  the  Papers  referred  to 
in  the  Information,  and  which  we  acknowledge  we  printed  and 
published,  are/c//se,  scandalous  and  seditious;  but  of  this  I  can 
have  no  Apprehension.  You  are  Citizens  of  New-York;  you 
are  really  what  the  Law  supposes  you  to  be,  honest  and  lawful 
Men;  and,  according  to  my  Brief,  tl\e  Facts  which  we  offer  to 
prove  were  not  committed  in  a  Corner ;  they  are  notoriously 
known  to  be  true ;  and  therefore  in  your  Justice  lies  our  Safety. 
And  as  we  are  denied  the  Liberty  of  giving  Evidence,  to  prove 
the  Truth  of  what  we  have  published,  I  will  beg  Leave  to  lay 
it  down  as  a  standing  Rule  in  such  Cases,  That  the  suppressing 
of  Evidence  ought  always  to  be  taken  for  the  strongest  Evidence; 
and  I  hope  it  will  have  that  Weight  with  you.  .  .  . 

...  It  is  true  in  Times  past  it  was  a  Crime  to  speak  Truth, 
and  in  that  terrible  Court  of  Star-Chamber,  many  worthy  and 
brave  Men  suffred  for  so  doing ;  and  yet  even  in  that  Court, 
and  in  those  bad  Times,  a  great  and  good  Man  durst  say,  what 
I  hope  will  not  be  taken  amiss  of  me  to  say  in  this  Place,  to 
wit,  the  Practice  of  Informations  for  Libels  is  a  Sword  in  the 
Hands  of  a  wicked  king  and  [of]  an  arrand  Coward  to  cut  down 
and  destroy  the  innocent ;  the  one  cannot,  because  of  his  high 
station,  and  the  other  d.ares  not,  because  of  his  Want  of  Courage, 
revenge  himself  in  another  Manner. 

Mr.  Attorney,  Pray  Mr.  Hamilton,  have  a  Care  what  you 
say,  don't  go  too  far  neither,  I  don't  like  those  Liberties. 

Mr.  Hamilton,  Sure,  Mr.  Attorney,  you  won't  make  any 
Applications  ;  all  Men  agree  that  we  are  governed  by  the  best 
of  Kings,  and  I  cannot  see  the  Meaning  of  Mr.  Attorney's 


356  AN   ENGLISH  COLONIAL  SYSTEM 

Caution.  .  .  .  May  it  please  Your  Honour,  I  was  saying,  That 
notwithstanding  all  the  Duty  and  Reverence  claimed  by  Mr. 
Attorney  to  Men  in  Authority,  they  are  not  exempt  from 
observing  the  Rules  of  common  Justice,  either  in  their  private 
or  publick  Capacities ;  the  Laws  of  our  Mother  Country  know 
no  Exception.  .  .  . 

I  hope  to  be  pardon'd,  Sir,  for  my  Zeal  upon  this  Occasion  : 
It  is  an  old  and  wise  Caution,  That  when  our  Neighbour's  House 
is  on  Fire,  We  ought  to  take  Care  of  our  own.  For  tho',  blessed 
be  God,  I  live  in  a  Government  where  Liberty  is  well  under 
stood,  and  freely  enjoy'd ;  yet  Experience  has  shewn  us  all 
(I'm  sure  it  has  to  me)  that  a  bad  Precedent  in  one  Govern 
ment,  is  soon  set  up  for  an  Authority  in  another ;  and  therefore 
I  cannot  but  think  it  mine,  and  every  Honest  Man's  Duty, 
that  (while  we  pay  all  due  Obedience  to  Men  in  Authority) 
we  ought  at  the  same  Time  to  be  upon  our  Guard  against 
Power  [i.e.,  arbitrary  power],  wherever  we  apprehend  that  it 
may  effect  Ourselves  or  our  Fellow-Subjects. 

I  am  truly  very  unequal  to  such  an  Undertaking  on  many 
Accounts.  And  you  see  I  labour  under  the  Weight  of  many 
Years,  and  am  born  down  with  great  Infirmities  of  Body ;  yet 
Old  and  Weak  as  I  am,  I  should  think  it  my  Duty,  if  required, 
to  go  to  the  utmost  Part  of  the  land,  where  my  Service  cou'd 
be  of  any  Use  in  assisting  to  quench  the  flame  of  Prosecutions 
upon  Informations,  set  on  Foot  by  the  Government,  to  deprive 
a  People  of  the  Right  of  Remonstrating  (and  complaining 
too)  of  the  arbitrary  Attempts  of  Men  in  Power.  Men  who 
injure  and  oppress  the  People  under  their  Administration 
provoke  them  to  cry  out  and  complain  ;  and  then  make  that 
very  Complaint  the  foundation  for  new  Oppressions  and  Pros 
ecutions.  .  .  .  But  to  conclude  ;  the  Question  before  the  Court 
and  you,  Gentlemen  of  the  Jury,  is  not  of  small  nor  private 
Concern,  it  is  not  the  Cause  of  a  poor  Printer,  nor  of  Neio- 
York  alone,  which  you  are  now  trying  ;  No  !  It  may  in  its 
Consequence,  affect  every  Freeman  that  lives  under  a  British 
Government  on  the  Main  of  America.  It  is  the  best  Cause. 


FREE   SPEECH  VINDICATED  357 

It  is  the  Cause  of  Liberty ;  and  I  make  no  Doubt  but  your 
upright  Conduct,  this  Day,  will  not  only  entitle  you  to  the 
Love  and  Esteem  of  your  Fellow-Citizens  ;  but  every  Man, 
who  prefers  Freedom  to  a  Life  of  Slavery,  will  bless  and 
honour  You,  as  Men  who  have  baffled  the  Attempt  of  Tyranny ; 
and  by  an  impartial  and  uncorrupt  Verdict,  have  laid  a  noble 
Foundation  for  securing  to  ourselves,  our  Posterity,  and  our 
Neighbours,  That  to  which  Nature  and  the  Laws  of  our 
Country  have  given  us  a  Right,  —  the  Liberty  —  both  of  ex 
posing  and  opposing  arbitrary  Power  (in  these  Parts  of  the 
World,  at  least)  by  speaking  and  writing  Truth.  .  .  . 

Mr.  Ch.  Just.  Gentlemen  of  the  Jury.  The  great  pains 
Mr.  Hamilton  has  taken,  to  shew  how  little  Regard  Juries  are 
to  Pay  to  the  Opinion  of  the  Judges  ;  and  his  insisting  so 
much  upon  the  Conduct  of  some  Judges  in  Tryals  of  this 
kind  ;  is  done,  no  doubt,  with  a  Design  that  you  should  take 
but  very  little  Notice  of  what  I  may  say  upon  this  Occasion. 
I  shall  therefore  only  observe  to  you  that,  as  the  Facts  or 
Words  in  the  Information  are  confessed  :  The  only  Thing  that 
can  come  in  Question  before  you  is,  Whether  the  Words,  as 
set  forth  in  the  Information,  make  a  Libel.  And  that  is  a 
Matter  of  Law,  no  doubt,  and  which  you  may  leave  to  the 
Court.  But  I  shall  trouble  you  no  further  with  any  Thing 
more  of  my  own,  but  read  to  you  the  Words  of  a  learned  and 
upright  Judge  in  a  Case  of  the  like  Nature. 

To  say  that  corrupt  Officers  are  appointed  to  administer 
Affairs,  is  certainly  a  Reflection  on  the  Government.  If  People 
should  not  be  called  to  account  for  possessing  the  People  with  an 
ill  Opinion  of  the  Government,  no  Government  can  subsist.  For 
it  is  necessary  for  all  Governments  that  the  People  should  have  a 
good  Opinion  of  it.  .  .  . 

[Zenger  adds] 

The  Jury  withdrew,  and  in  a  small  Time  returned,  and  being 
asked  by  the  Clerk,  Whether  they  were  agreed  of  their 
Verdict,  and  whether  John  Peter  Zenger  was  guilty  of  Printing 
and  Publishing  the  Libels  in  the  Information  mentioned  ? 


358  AN  ENGLISH  COLONIAL  SYSTEM 

They  answered  by  Thomas  Hunt,  their  Foreman,  Not  Guilty. 
Upon  which  there  were  three  Huzzas  in  the  Hall  which  was 
crowded  with  People,  and  the  next  Day  I  was  discharged  from 
my  Imprisonment. 

114.    Franklin's  "Albany  Plan,"  July  10,  1754 l 

On  the  eve  of  the  French  and  Indian  War,  in  June  19,  1754,  there  met 
at  Albany,  on  the  call  of  the  Lords  of  Trade,  a  colonial  congress  to  agree 
upon  measures  of  defense.  Seven  colonies  were  represented,  —  New 
Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New  York,  Penn 
sylvania,  and  Maryland,  —  none  south  of  the  Potomac.  Massachusetts 
had  authorized  her  commissioners  to  "enter  into  articles  of  union  and 
confederation"  with  the  other  colonies  "as  well  in  time  of  peace  as 
of  war."  On  the  sixth  day  of  the  session,  the  Congress  voted  unani 
mously  that  a  union  of  all  the  colonies  was  "absolutely  necessary 
for  their  security."  A  committee,  representing  each  of  the  colonies 
present,  was  created  to  consider  various  plans,  and,  after  almost  daily 
discussions,  a  general  plan  was  accepted  on  July  9.  Franklin  was 
appointed  to  draft  the  detailed  plan,  —  and,  the  next  day,  a  form  sub 
mitted  by  him  was  adopted.  Franklin  afterward  said  of  the  result:  "  the 
Fate  of  this  Plan  was  singular  .  .  .  The  Crown  disapproved  it,  as  having 
too  much  Weight  in  the  Democratic  Part  of  the  Constitution  ;  and  every 
Assembly,  as  having  allowed  too  much  to  Prerogative.  So  it  was  totally 
rejected." 

The  text  of  a  number  of  other  plans  for  colonial  federation,  between 
1696  and  1754,  are  collected  in  No.  14  of  the  American  History  Leaflets. 

a.  Motives 

The  following  extract  is  part  of  the  "  introduction"  to  the  Plan  afterward 
drawn  up  by  Franklin  and  printed  in  his  Works  (Smyth  edition,  III,  203- 
204). 

The  commissioners  from  a  number  of  the  northern  colonies, 
being  met  at  Albany,  and  considering  the  difficulties  that  have 
always  attended  the  most  necessary  general  measures  for  the 
common  defence,  or  for  the  annoyance  of  the  enemy,  when 
they  were  to  be  carried  through  the  several  particular  Assem 
blies  of  all  the  colonies ;  some  Assemblies  being  before  at 

1  The  "  New  Style  "  chronology  was  adopted  by  England  in  1752. 


FRANKLIN'S   "ALBANY  PLAN,"    1754  359 

variance  with  their  governors  or  councils,  and  the  several 
branches  of  the  government  not  on  terms  of  doing  business 
with  each  other:  others  taking  the  opportunity,  when  their 
concurrence  is  wanted,  to  push  for  favorite  laws,  powers,  or 
points,  that  they  think  could  not  at  other  times  be  obtained, 
and  so  creating  disputes  and  quarrels ;  one  Assembly  waiting 
to  see  what  another  will  do,  being  afraid  of  doing  more  than 
its  share,  or  desirous  of  doing  less,  or  refusing  to  do  anything 
because  its  country  is  not  at  present  so  much  exposed  as 
others,  or  because  another  will  reap  more  immediate  advan 
tage;  from  one  or  other  of  which  causes,  the  Assemblies  of 
six  out  of  seven  colonies  applied  to,  had  granted  no  assistance 
to  Virginia  when  lately  invaded  by  the  French,  though  pur 
posely  convened,  and  the  importance  of  the  occasion  earnestly 
urged  upon  them  ;  —  considering  moreover,  that  one  principal 
encouragement  to  the  French,  in  invading  and  insulting  the 
British  American  dominions,  was  their  knowledge  of  our  dis 
united  state,  and  of  our  weakness  arising  from  such  want  of 
union  ;  and  that  from  hence  different  colonies  were,  at  dif 
ferent  times,  extremely  harassed,  and  put  to  great  expense 
both  of  blood  and  treasure,  who  would  have  remained  in 
peace,  if  the  enemy  had  had  cause  to  fear  the  drawing  on 
themselves  the  resentment  and  power  of  the  whole ;  —  the 
said  commissioners,  considering  also  the  present  encroach 
ments  of  the  French,  and  the  mischievous  consequences  that 
may  be  expected  from  them,  if  not  opposed  with  our  [united] 
force,  came  to  an  unanimous  resolution ;  That  a  union  of  the 
colonies  is  absolutely  necessary  for  their  preservation. 

b.   The  Plan 

BroadheacTs  Documents  relative  to  the  Colonial  History  of  New  York, 
VI,  589-591. 

Plan  of  a  proposed  Union  of  the  several  Colonies  of  Massa 
chusetts  Bay,  Neiv  Hampshire,  Connecticut,  Rhode  Island,  New 
York,  New  Jerseys,  Pennsylvania,  Maryland,  Virginia,  North 


360  AN   ENGLISH  COLONIAL  SYSTEM 

Carolina,  and  South  Carolina^  for  their  mutual  defence  and 
security,  and  for  extending  the  British  Settlements  in  North 
America. 

That  humble  application  be  made  for  an  Act  of  the  Parlia 
ment  of  Great  Brittain,  by  virtue  of  which,  one  General 
Government  may  be  formed  in  America,  including  all  the 
said  Colonies,  within  and  under  which  Government  each 
Colony  may  retain  its  present  Constitution,  except  in  the 
particulars  wherein  a  [change]  may  be  directed  by  the  said 
Act,  as  hereafter  follows. 

That  the  said  General  Government  be  administered  by  a 
president  General,  to  be  appointed  and  supported  by  the 
Crown,  and  a  grand  Council  to  be  chosen  by  the  representatives 
of  the  people  of  the  severall  Colonies,  [mef]  in  their  respective 
Assemblies.2 

[Provision  for  election  of  first  grand  council,  of  forty-eight 
members,  —  Massachusetts  and  Virginia  to  have  seven  each, 
Pennsylvania  six,  Connecticut  Jive,  New  York,  Maryland, 

1  Georgia  was  not  included.    Franklin  seems  originally  to  have  contem 
plated  a  union  of  the  northern  colonies  only. 

2  In  Franklin's  comments  upon  the  sections  of  this  plan  (Works,  Smyth  edi 
tion,  III,  208  ff.),  he  adds  to  this  section:    "...  it  being  proposed  by  the  gentle 
men  of  the  Council  of  New  York  ...  to  alter  the  plan  in  this  particular, 
and  to  give  the  governors  and  council  of  the  several  provinces  a  share  in  the 
choice  of  the  grand  council  [or  at  least  a  veto  upon  the  selections],  it  was 
said,  .  .  . 

"That  it  is  essential  to  English  liberty,  that  the  subject  should  not  be 
taxed  but  by  his  own  consent,  or  the  consent  of  his  elected  representatives. 

"That  taxes  to  be  laid  and  levied  by  this  proposed  constitution  will  be 
proposed  and  agreed  to  by  the  representatives  of  the  people,  if  the  plan  in 
this  particular  be  preserved. 

"  But  if  the  proposed  alteration  should  take  place,  it  seemed  as  if  matters 
may  be  so  managed  as  that  the  crown  shall  finally  have  the  appointment,  not 
only  of  the  president-general,  but  of  a  majority  of  the  grand  Council.  .  .  . 

"  And  so  the  people  in  all  the  colonies  would  in  effect  be  taxed  by  their 
governors. 

[Some  three  pages  more  of  like  argument.] 

"  Upon  the  whole  the  commissioners  were  of  opinion  that  the  choice  was 
most  properly  placed  in  the  representatives  of  the  people." 


FRANKLIN'S   "ALBANY  PLAN,"    1754  361 

North  Carolina,  and  South  Carolina  each  four,  New  Jersey 
three,  New  Hampshire  and  Rhode  Island  each  two.~] 

Who  shall  meet  for  the  present  time  at  the  City  of  Phila 
delphia  in  Pennsylvania,  being  called  by  the  President 
General  as  soon  as  conveniently  may  be  after  his  appoint 
ment. 

That  there  shall  be  a  New  Election  of  the  Members  of  the 
Grand  Council  every  three  years,  and  on  the  death  or  resigna 
tion  of  any  Member,  his  place  should  be  supplyed  by  a  new 
choice  at  the  next  sitting  of  the  Assembly  of  the  Colony  he 
represented. 

That  after  the  first  three  years,  when  the  proportion  of 
money  arising  out  of  each  Colony  to  the  General  Treasury 
can  be  known,  the  number  of  Members  to  be  chosen,  for  each 
Colony  shall  from  time  to  time  in  all  ensuing  Elections  be 
regulated  by  that  proportion  (yet  so  as  that  the  Number  to 
be  chosen  by  any  one  province  be  not  more  than  seven  nor 
less  than  two). 

That  the  Grand  Council  shall  meet  once  in  every  year,  and 
oftener  if  occasion  require,  at  such  time  and  place  as  they 
shall  adjourn  to  at  the  last  preceding  meeting,  or  as  they  shall 
be  called  to  meet  at  by  the  President  General,  on  any  emer 
gency,  he  having  first  obtained  in  writing  the  consent  of  seven 
of  the  Members  to  such  call,  and  sent  due  and  timely  notice 
to  the  whole. 

That  the  Grand  Council  have  power  to  chuse  their  speaker, 
and  shall  neither  be  dissolved  prorogued,  nor  continue  sitting  longer 
than  six  weeks  at  one  time  without  their  own  consent,1  or  the  special 
command  of  the  Crown. 

That  the  Members  of  the  Grand  Council  shal  be  allowed  for 
their  service  ten  shillings  sterling  per  diem,  during  their  Ses- 

1  Franklin's  comment  was  (see  note  above) :  "  Governors  have  sometimes 
wantonly  exercised  the  power  of  ...  continuing  the  sessions  of  Assemblies, 
merely  to  harass  the  members  and  compel  a  compliance  ;  and  sometimes  dis 
solve  them  on  slight  disgusts."  This  provision  may  have  been  suggested  to 
Franklin  by  the  fact  that  in  his  own  colony  the  legislative  sittings  were 
independent  of  the  governor's  will  (No.  103,  b,  above). 


362  AN  ENGLISH  COLONIAL  SYSTEM 

sions  or  [and]  Journey  to  and  from  the  place  of  Meeting; 
twenty  miles  to  be  reckoned  a  days  Journey. 

That  the  Assent  of  the  President  General  be  requisite  to  all  Acts  of 
the  Grand  Council,  and  that  it  be  his  Office  and  duty  to  cause 
them  to  be  carried  into  execution. 

That  the  President  General  with  the  advice  of  the  Grand 
Council,  hold  or  direct  all  Indian  Treaties  in  which  the  general 
interest  of  the  Colonys  may  be  concerned ;  and  make  peace  or 
declare  War  with  Indian  Nations.  That  they  make  such  Laws 
as  they  judge  necessary  for  the  regulating  all  Indian  Trade. 
That  they  make  all  purchases  from  Indians  for  the  Crown,  of 
lands  not  [now]  within  the  bounds  of  particular  Colonies,  or 
that  shall  not  be  within  their  bounds  when  some  of  them  are 
reduced  to  more  convenient  dimensions.  That  they  make  new 
settlements  on  such  purchases  by  granting  Lands,  [in  the 
King's  name]  reserving  a  Quit  rent  to  the  Crown,  for  the  use 
of  the  General  Treasury. 

That  they  make  Laws  for  regulating  and  governing  such  new 
settlements,  till  the  Crown  shall  think  fit  to  form  them  into 
particular  Governments. 

That  they  raise  and  pay  Soldiers,  and  build  Forts  for  the 
defence  of  any  of  the  Colonies,  and  equip  vessels  of  Force  to 
guard  the  Coasts  and  protect  the  Trade  on  the  Ocean,  Lakes,  or 
great  Rivers ;  but  they  shall  not  impress  men  in  any  Colonies 
without  the  consent  of  its  Legislature.  That  for  these  purposes 
they  have  power  to  make  Laws  and  lay  and  Levy  such  general 
duties,  imposts  or  taxes,  as  to  them  shall  appear  most  equal 
and  just,  considering  the  ability  and  other  circumstances  of 
the  Inhabitants  in  the  several  Colonies,  and  such  as  may  be 
collected  with  the  least  inconvenience  to  the  people,  rather 
discouraging  luxury,  than  loading  Industry  with  unnecessary 
burthens. — That  they  might  appoint  a  General  Treasurer  and 
a  particular  Treasurer  in  each  Government  when  necessary, 
and  from  time  to  time  may  order  the  sums  in  the  Treasuries 
of  each  Government,  into  the  General  Treasury,  or  draw  on 
them  for  special  payments  as  they  find  most  convenient ;  yet 


FRANKLIN'S   "ALBANY  PLAN,"    1754  363 

no  money  to  issue  but  by  joint  orders  of  the  President  General 
and  Grand  Council,  except  where  sums  have  been  appropriated 
to  particular  purposes,  and  the  President  General  is  previously 
impowered  by  an  Act  to  draw  for  such  sums. 

That  the  General  accounts  shall  be  yearly  settled  and  re 
ported  to  the  several  Assemblies. 

That  a  Quorum  of  the  Grand  Council  impowered  to  a.ct  with 
the  President  General,  do  consist  of  twenty  five  Members, 
among  whom  there  shall  be  one  or  more  from  a  majority  of 
the  Colonies.  That  the  laws  made  by  them  for  the  purposes 
aforesaid,  shall  not  be  repugnant,  but  as  near  as  may  be  agree 
able  to  the  Laws  of  England,  and  shall  be  transmitted  to  the 
King  in  Council  for  approbation,  as  soon  as  may  be  after  their 
passing,  and  if  not  disapproved  within  three  years  after  pres 
entation  to  remain  in  Force. 

That  in  case  of  the  death  of  the  President  General,  the 
Speaker  of  the  Grand  Council  for  the  time  being  shall  suc 
ceed,  and  be  vested  with  the  same  powers  and  authority,  to 
continue  until  the  King's  pleasure  be  known. 

[Commissions,  military  and  civil,  for  officers  acting  under  this 
constitution,  to  be  issued  jointly  by  President-General  and 
Grand  Council.]  —  That  the  particular  Military  as  well  as  Civil 
establishments  in  each  Colony  remain  in  their  present  State 
this  General  constitution  notwithstanding.  And  that  on  sudden 
emergencies  any  Colony  may  defend  itself,  and  lay  the  accounts 
of  expence,  thence  arisen,  before  the  President  General  and 
Grand  Council,  who  may  allow  and  order  payment  of  the  same 
if  judged  reasonable. 

[In  1789  Franklin  wrote,  with  good  reason,  that  the  adoption  of  the 
Albany  Plan  would  have  probably  delayed  the  separation  of  the  colonies 
from  England,  "perhaps  during  another  century."  There  would  have 
been  a  central  legislature  to  vote  supplies  and  prepare  defense  against 
Indians  and  French,  and  the  British  reasons  for  the  Stamp  Act  would 
not  have  existed.] 


XX.    HARSH   PHASES   OF   COLONIAL   SOCIETY1 

115.  Legal  Punishment  in  Virginia,  1662-1748 

Hening's  Statutes,  II,  75.  The  following  statute  was  enacted  in  March, 
1662.  It  was  reenacted,  in  similar  words,  in  1705  and  in  1748  (ib. 
367-368  and  507-508),  and  was  in  force  at  the  opening  of  the  Revolution. 

Whereas  many  offences  are  punishable  by  the  laws  of 
England  and  of  this  country  with  corporall  punishments,  for 
executeing  whereof  noe  such  provision  hath  been  made  as  the 
said  laws  doe  require  ;  Be  it  therefore  enacted,  that,  in  every 
county,  the  court  cause  to  be  sett  up  a  pillory,  a  pair  of  stocks, 
and  a  whipping  post,  neere  the  courthouse,  and  a  ducking- 
stoole  in  such  a  place  as  they  shall  think  convenient  .  .  . 
And  the  courts  not  causeing  the  said  pillory  and  whipping  post, 
stocks  and  ducking  stoole  to  be  erected  within  six  months, 
after  the  date  of  this  act  shall  be  fined  five  thousand  pounds 
of  tobacco  to  the  use  of  the  publique. 

116.  White  Servants  in   1774 

William  Eddes,  Letters  from  America. 

These  Letters,  written  in  1774,  were  printed  in  London  in  1792. 
Eddes  was  a  customs  official  at  Annapolis. 

PERSONS  in  a  state  of  servitude  are  under  four  distinct  de 
nominations:  negroes,  who  are  the  entire  property  of  their 
respective  owners :  convicts,  who  are  transported  from  the 
mother  country  for  a  limited  term  :  indented  servants,  who  are 
engaged  for  five  years  previous  to  their  leaving  England ; 
and  free-willers,  who  are  supposed,  from  their  situation, 
to  possess  superior  advantages.  .  .  . 

Persons  convicted  of  felony,  and  in  consequence  transported 
to  this  continent,  if  they  are  able  to  pay  the  expence  of  passage, 
are  free  to  pursue  their  fortune  agreeably  to  their  inclinations 
or  abilities.  Few,  however,  have  means  to  avail  themselves  of 

!Cf.  American  History  and  Government,  §§  120-124. 
364 


WHITE   SERVANTS  IN    1774  365 

this  advantage.  These  unhappy  beings  are,  generally,  con 
signed  to  an  agent,  who  classes  them  suitably  to  their  real 
or  supposed  qualifications ;  advertises  them  for  sale,  and 
disposes  of  them,  for  seven  years,  to  planters,  to  mechanics, 
and  to  such  as  choose  to  retain  them  for  domestic  service. 


The  generality  of  the  inhabitants  in  this  province  are  very 
little  acquainted  with  those  fallacious  pretences,  by  which 
numbers  are  continually  induced  to  embark  for  this  continent. 
On  the  contrary,  they  too  generally  conceive  an  opinion  that 
the  difference  is  merely  nominal  between  the  indented  ser 
vant  and  the  convicted  felon:  nor  will  they  readily  believe 
that  people,  who  had  the  least  experience  in  life,  and  whose 
characters  were  unexceptionable,  would  abandon  their  friends 
and  families,  and  their  ancient  connexions,  for  a  servile  sit 
uation,  in  a  remote  appendage  to  the  British  Empire.  From 
this  persuasion  they  rather  consider  the  convict  as  the  more 
profitable  servant,  his  term  being  for  seven,  the  latter  only 
for  five  years ;  and,  I  am  sorry  to  observe,  that  there  are  but 
few  instances  wherein  they  experience  different  treatment. 
Negroes  being  a  property  for  life,  the  death  of  slaves,  in  the 
prime  of  youth  or  strength,  is  a  material  loss  to  the  proprietor ; 
they  are,  therefore,  almost  in  every  instance,  under  more 
comfortable  circumstances  than  the  miserable  European,  over 
whom  the  rigid  planter  exercises  an  inflexible  severity. 
They  [white  servants]  are  strained  to  the  utmost  to  perform 
their  allotted  labour.  .  .  . 

The  situation  of  the  free-wilier  is,  in  almost  every  instance 
more  to  be  lamented  than  either  that  of  the  convict  or  the 
indented  servant ;  the  deception  which  is  practised  on  those 
of  this  description  being  attended  with  circumstances  of  greater 
duplicity  and  cruelty.  .  .  .  They  are  told,  that  their  services 
will  be  eagerly  solicited,  in  proportion  to  their  abilities;  that  their 
reward  will  be  adequate  to  the  hazard  they  encounter  by  court 
ing  fortune  in  a  distant  region ;  and  that  the  parties  with  whom 


366         HARSH   PHASES  OF  COLONIAL  SOCIETY 

they  engage  will  readily  advance  the  sum  agreed  on  for  their 
passage ;  which,  being  averaged  at  about  nine  pounds  sterling, 
they  will  speedily  be  enabled  to  repay,  and  to  enjoy,  in  a  state 
of  liberty,  a  comparative  situation  of  ease  and  affluence.  .  .  . 
It  is,  therefore,  an  article  of  agreement  with  these  deluded 
victims,  that  if  they  are  not  successful  in  obtaining  situations, 
'on  their  own  terms,  within  a  certain  number  of  days  after  their 
arrival  in  the  country,  they  are  then  to  be  sold,  in  order  to 
defray  the  charges  of  passage.  .  .  . 

117.   Runaway  Servants  and  Apprentices 

From  "  Newspaper  Extracts,"  1770-1771,  in  New  Jersey  Archives, 
First  Series,  XXVII.  The  editor  of  this  volume  is  responsible  for  the 
italics. 

Trenton  Goal,  December  28,  1769. 

This  is  to  give  notice,  there  was  committed  to  my  custody, 
by  William  Clayton,  Esq.,  as  a  runaway  apprentice  on  the 
24th  day  of  October  last,  THOMAS  SANDAMAX.  This  is  to  in 
form  his  master  or  sheriff  that  he  run  away  from,  that  they 
come  and  pay  charges  and  take  him  away,  or  he  will  be  sold  to 
pay  cost  and  charges,  on  Saturday  the  20th  day  of  January, 
1770,  by  me 

PETER  HANKINSON,  Goaler. 

—  The  Pennsylvania  Journal,  No.  1413,  January  4)  1770. 

THREE   POUNDS   REWARD 

Run-away  on  Friday  the  12th  Inst.  from  the  Subscriber  at 
Hunterdon  County,  in  New-Jersey,  an  Apprentice,  named 
DAVID  Cox,  about  Twenty  Years  of  Age,  a  Carpenter  and 
Joiner  by  Trade,  but  its  likely  he  may  pass  for  a  Mill-Wright, 
as  he  has  two  Brothers  of  that  Trade,  that  works  near  Albany. 
He  is  about  5  Feet  10  Inches  high,  large  boned,  knock  kneed, 
of  a  dark  Complexion,  down  Look,  black  Eyes,  black  Hair, 
and  wears  it  tied.  Had  on  when  he  went  away,  a  grey  coloured 
Coat  and  Jacket,  pretty  much  worn,  with  Horn  Buttons  on 


RUNAWAY  SERVANTS  AND  APPRENTICES      367 

them,  new  Leather  Breeches,  with  black  Horn  Buttons,  Russia 
Shirt,  black  Yarn  Stockings,  new  Shoes,  also  a  rusty  Castor 
Hat,  wears  it  cocked:  It  is  also  suspected  he  has  stole  his 
Indentures,  and  will  very  likely  show  them  for  a  Pass,  as  he 
is  near  of  Age.  Whoever  apprehends  said  Apprentice,  and 
secures  him  in  any  Goal,  so  that  his  Master  may  have  Notice 
thereof,  shall  have  the  above  Reward,  paid  by  me. 

JAMES  TAYLOR. 

N.  B.  Perhaps  he  may  change  his  Cloaths,  that  he  may 
not  be  discovered. 

-  TJie  N.  Y.  Gazette,  or  Weekly  Post  Boy,  No.  1412,  January 
22,  1770. 

New  Jersey,  November  24,  1769. 

Run-away  the  22d  September,  from  the  Subscriber,  living  in 
Monmouth  County,  in  the  Township  of  Shrewsbury,  in  the 
Province  of  East  New-Jersey ;  an  indented  Servant  Man, 
named  Walter  Clark,  born  in  the  Jerseys,  about  Twenty-four 
Years  of  Age,  a  Black-Smith  by  trade,  and  understands  farming 
Business ;  he  is  about  six  Feet  high,  has  black  curled  Hair, 
and  keeps  his  Mouth  much  open  :  He  took  several  Suits  of 
Apparel  with  him,  all  of  a  brownish  Colour,  some  Broad  Cloth, 
and  some  thin  Stuff;  also  one  striped  double-breasted  Jacket. 
Whoever  takes  up  the  above  said  Servant  and  delivers  him  to 
me  the  Subscriber,  shall  have  Three  Pounds  Reward,  and 
reasonable  Charges  paid,  by  me. 

BENJAMIN  JACKSON. 

—  TJie  N.  Y.  Journal  or  General  Advertiser,  No.  1412, 
January  25,  1770. 

Run  away  from  the  subscriber,  living  near  Morris-Town,  in 
New-Jersey,  on  Christmas-day  last,  a  servant  man,  named 
Thomas  Clay,  a  Cooper  by  trade,  near  50  years  of  age,  about  5 
feet  10  inches  high,  brown  curled  hair,  will  drink  to  excess, 
and  then  is  noisy,  likes  to  sing  songs ;  had  on,  when  he  went 
away,  a  blue  great  coat,  and  jacket  of  the  same,  leather 


368       ,  HARSH  PHASES  OF  COLONIAL  SOCIETY 

breeches,  and  felt  hat.  Whoever  takes  up  and  secures  said 
servant,  so  that  his  master  may  have  him  again,  shall  have 
Three  Pounds  Reward,  and  reasonable  charges,  paid  by 

DANIEL  GERARD,  junior. 
-Pennsylvania  Gazette^  No.  2146,  February  8,  1770. 

BURLINGTON,  December  3,  1770. 

This  Day  was  committed  to  the  Goal  of  this  City,  a  certain 
Thomas  Gearn,  upon  suspicion  of  being  a  runaway  Servant ;  he 
says  that  he  belongs  to  William  Withers,  living  in  Cecil 
County,  Maryland,  and  that  he  left  his  said  Master  about  14  or 
15  Weeks  ago.  Said  Servant  is  about  20  Years  of  Age,  and 
says  when  he  left  his  Master  he  had  an  Iron  Collar  on  his  Neck, 
but  soon  got  it  off.  Whoever  owns  the  said  Thomas  Gearn,  is 
desired  to  come  or  send ;  pay  Charges  immediately,  and  take 
him  away.  —  EPHRAIM  PHILLIPS,  Goaler. 

GLOUCESTER  COUNTY  GOAL,  September  12,  1771. 
Taken  up  on  suspicion,  as  a  runaway  servant  and  now  con 
fined  here,  a  young  man  about  5  feet  6  inches  high,  marked 
with  the  small-pox,  has  on  a  blue  coat,  homespun  shirt,  and 
check  trousers,  says  his  name  is  Hugh  M'Cage,  and  that  he 
belongs  to  one  William  or  John  Miller,  living  near  Lancaster. 
His  master,  if  any  he  has,  is  desired  to  fetch  him  away,  and 
pay  charges ;  otherwise  he  will  be  sold  out  in  3  weeks  from  the 
date  hereof. 

RICHARD  JOHNSON,  Goaler. 
-Pennsylvania  Gazette,  Sept.  12,  1771. 

[These  advertisements  all  relate  to  White  men.  Like  entries  continue 
through  the  early  Revolutionary  days,  often  in  the  same  column  with 
flaming  expressions  of  the  spirit  of  political  liberty,  in  a  manner  some 
what  amazing  to  a  modern  reader.  This  one  volume  of  newspaper 
extracts  for  the  years  1770-1771,  has  seventy-seven  such  advertisements 
of  run-away  White  servants  for  New  Jersey  alone,  —  many  times  as 
many  as  there  were  for  runaway  Negroes.] 


D.     THE   REVOLUTION 

XXL     PRELIMINARY  PERIOD  — TO   1774 

On  the  history  and  subdivisions  of  this  period,  cf.  American  History 
and  Government,  §§  126-144.  Many  documents  which  might  be  expected 
for  the  Revolution  are  omitted  in  this  volume  because  of  the  short 
quotations  from  them  in  American  History 'and  Government. 

118.     Sugar  Act  of  1764 

Pickering's  Statutes  at  Large,  XXVI,  33-52  (4  Geo.  Ill,  c.  15).  On 
the  bearing  of  this  and  the  Stamp  Act  (following)  upon  the  Revolution, 
cf.  American  History  and  Government,  §§  131,  132. 

An  act  for  granting  certain  duties  in  the  British  colonies  and 
plantations  in  America;  for  continuing,  amending,  and  making 
perpetual,  an  act  passed  in  the  sixth  year  of  the  reign  of  his  late 
Majesty  King  George  the  Second,  (intituled,  An  agt^JLor^he 
better  securing  and  encouraging  the  trade  of  his_ Majesty's 
sugar^ colonie^u^Am^ncu^^for  applying  the  produce~qf~  such 
duties,  and  of  the  duties  to  arise  by  virtue  of  the  said  act,  towards 
defraying  the  expences  of  defending,  protecting,  aud  securing  the 
said  colonies  and  plantations  ;  .  .  .  and  for  altering  and  disallow 
ing  several  drawbacks  on  exports  from  this  kingdom,  and  more  effec 
tually  preventing  the  clandestine  conveyance  of  goods  to  and  from 
the  said  colonies  and  plantations,  and  improving  and  securing 
the  trade  between  the  same  and  Great  Britain. 

WHEREAS  it  is  expedient  that  new  provisions  and  regulations 
should  be  established  for  improving  the  revenue  of  this  Kingdom, 
and  for  extending  and  gecjm??£_J^_^auu3J^^^  and,  commerce 
between  Great  Britain  and  your  Majesty^^ojninjon^j/i^ 
luhich,  by  the  peace,  have  been  so  happily  enlarged  :_and  whereas 
it  is  Ju^TcmcT^ecessa/ryj  that  a  reverwie^bejrajsed,  in  ytmr  Muj- 


370  PRELIMINARY  PERIOD  — TO   1774 

estifs  said  dominions  in  America,  for  defraying  the  expences  of 
defending,  protecting,  and  securing  the  same  ...  be  it  enacted 
.  .  .  ,  That  from  and  after  [September  29,  1764],  there  shall 
be  raised,  levied,  collected,  and  paid,  unto  his  Majesty  .  .  .  , 
for  and  upon  all  white  or  clayed  sugars  of  the  produce  or 
manufacture  of  any  colony  or  plantation  in  America,  not  under 
the  dominion  of  his  Majesty  .  .  .  ;  for  and  upon  indico,  and 
coffee  of  foreign  produce  or  manufacture;  for  and  upon  all 
wines  (except  French  wine ;  )  for  and  upon  all  wrought  silks, 
bengals,  and  stuffs,  mixed  with  silk  or  herba,  of  the  manufac 
ture  of  Persia,  China,  OP  East  India,  and  all  callico  painted, 
died,  printed,  or  stained  there ;  and  for  and  upon  all  foreign 
linen  cloth  called  Cambrick  and  French  Lawns,  which  shall  be 
imported  or  brought  into  any  colony  or  plantation  in  America 
.  .  .  under  the  dominion  of  his  Majesty  .  .  .  ,  the  several 
rates  and  duties  following  ;  that  it  to  say, 

For  every  hundred  weight  avoirdupois  of  such  foreign 
white  or  clayed  sugars,  one  pound  two  shillings,  over  and 
above  all  other  duties  imposed  by  any  former  act  of  parlia 
ment.  .  .  . 

For  every  hundred  weight  avoirdupois  of  such  foreign  coffee, 
which  shall  be  imported  from  any  place  except  Great  Britain, 
two  pounds,  nineteen  shillings,  and  nine  pence. 

For  every  ton  of  wine  of  the  growth  of  the  Madeiras,  or  of 
any  other  island  or  place  from  whence  such  wine  may  be  law 
fully  imported  .  .  .  ,  the  sum  of  seven  pounds. 

For  every  ton  of  Portugal,  Spanish,  or  any  other  wine  (ex 
cept  French  wine)  imported  from  Great  Britian,  the  sum  of  ten 
shillings. 

For  every  pound  weight  avoirdupois  of  wrought  silks,  ben 
gals,  and  stuffs,  mixed  with  silk  or  herba,  of  the  manufacture 
of  Persia,  China,  or  Fast  India,  imported  from  Great  Britain, 
two  shillings. 

For  every  piece  of  callico  painted,  dyed,  printed,  or  stained, 
in  Persia,  China,  or  East  India,  imported  from  Great  Britain, 
two  shillings  and  six  pence. 


SUGAR  ACT  OF   1764  371 

For  every  piece  of  foreign  linen  cloth,  called  Cambrick,  im 
ported  from  Great  Britain,  three  shillings.  .  .  . 

II.  And  it  is   hereby  further  enacted  .  .  .  That  from  and 
after  [September  29,  1764]  there  shall  also  be  raised,  levied, 
collected,  and  paid,  unto  his  Majesty  .  .   .  ,  for  and  upon  all 
coffee  and  pimento  of  the  growth  and  produce  of  any  British 
colony  or  plantation  in  America,   which  shall  be  there  laden 
on  board  any  British  ship  or  vessel,  to  be    carried  out  from 
thence  or  any  other  place  whatsoever,  except  Great  Britain,  the 
several  rates  and  duties  following ;  that  is  to  say, 

III.  For  every  hundred  weight  avoirdupois  of  such  British 
coffee,  seven  shillings. 

For  every  pound  weight  avoirdupois  of  such  British  pimento, 
one  half  penny.  .  .  . 

[IV,  V,  VI.  The  Sugar  Act  of  1733  (No.  100  c)  to  continue 
in  force  perpetually  with  a  decrease  of  one  half  in  the  rate 
upon  imports  from  British  colonies.] 

******* 

XI.  And  it  is  further  enacted  .  .  .  That  all  the  monies 
which  .  .  .  shall  arise  by  the  several  rates  .  .  .  herein  .  .  . 
granted  .  .  .  shall  be  paid  into  the  receipt  of  his  Majesty's 
Exchequer,  and  shall  be  entered  separate  and  apart  from  all  other 
monies  paid  or  payable  to  his  Majesty  .  .  .  :  and  shall  be  there 
reserved,  to  be,  from  time  to  time,  disposed  of  by  parliament,  to 
wards  defraying  the  necessary  expences  of  defending,  protecting, 
and  securing,  the  British  colonies  and  plantations  in  America. 


XVIII.  And  be  it  further  enacted  .  .  .  ,  That  from  and 
after  .  .  .  [September  29,  1764]  .  .  .  ,  no  rum  or  spirits  of 
the  produce  or  manufacture  of  any  of  the  colonies  or  plantations 
in  America,  not  in  the  possession  or  under  the  dominion  of  his 
Majesty  .  .  .  ,  shall  be  imported  or  brought  into  any  of  the  col 
onies  or  plantations  in  America  which  now  are,  or  hereafter  may 
be,  in  the  possession  or  under  the  dominion  of  his  Majesty  .  .  . 
upon  forfeiture  of  all  such  rum  or  spirits,  together  with  the 


372  PRELIMINARY  PERIOD  — TO   1774 

ship  or  vessel  in  which  the  same  shall  be  imported,  with  the 
tackle,  apparel,  and  furniture  thereof;  to  be  seized  by  any 
officer  or  officers  of  his  Majesty's  customs,  and  prosecuted  in 
such  manner  and  form  as  herein  is  after  expressed ;  any  law, 
custom,  or  usage,  to  the  contrary  notwithstanding. 


XXVII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from 
and  after  .  .  .  [September  29,  1764]  .  .  .  ,  all  coffee,  pimento, 
cocoa  nuts,  whale  fins,  raw  silk,  hides,  and  skins,  pot  and  pearl 
ashes,  of  the  growth,  production,  or  manufacture,  of  any 
British  colony  or  plantation  in  America,  shall  be  imported 
directly  from  thence  into  this  kingdom,  or  some  other  British 
colony  or  plantation. 

[XXVIII  Adds  iron  and  lumber  of  all  sorts  to  the  "  enumer 
ated"  list  of  articles  to  be  exported  by  the  colonies  only  to 
Great  Britain.] 

[Most  of  the  omitted  sections  of  this  long  act  have  to  do  with  providing 
a  costly  but  efficient  machinery  of  bonds,  inspectors,  etc.,  to  enforce  the 
navigation  laws.  The  stringent  section,  XXXV,  designed  to  prevent  any 
trade  whatever  with  the  French  West  Indies  is  added.  ] 

XXXV.  And,  in  order  to  prevent  any  illicit  trade  or  com 
merce  between  his  Majesty's  subjects  in  America,  ano\  the 
subjects  of  the  crown  of  France  in  the  islands  of  Saint  Pierre 
and  Miquelon,  it  is  hereby  further  enacted  .  .  .  ,  That  from 
and  after  [September  29,  1764],  if  any  British  ship  or  vessel 
shall  be  found  standing  into,  or  coming  out  from,  either  of  those 
islands,  or  hovering  or  at  anchor  within  two  leagues  of  the  coasts 
thereof,  or  shall  be  discovered  to  have  taken  any  goods  or  mer 
chandizes  on  board  at  either  of  them,  or  to  have  been  there 
for  that  purpose  ;  such  ship  or  vessel,  and  all  the  goods  so 
taken  on  board  there,  shall  be  forfeited  and  lost,  and  shall  and 
may  be  seized  and  prosecuted  by  any  officer  of  his  Majesty's 
customs ;  and  the  master  or  other  person  having  the  charge  of 
such  ship  or  vessel,  and  every  person  concerned  in  taking  any 
such  goods  on  board,  shall  forfeit  treble  the  value  thereof. 


STAMP  ACT  373 

119.   Stamp  Act 

March  22,  1765 
Pickering's  Statutes  at  Large,  XXVI,  179-204  (5  Geo.  Ill,  c.  12). 

An  act  for  granting  and  applying  certain  stamp  duties,  and 
other  duties,  in  the  British  colonies  and  plantations  in  America, 
towards  further  defraying  the  expences  of  defending,  protecting, 
and  securing  the  same;  .  .  . 

WHEREAS  .  .  .  it  is  just  and  necessary,  that  provision  be 
made  for  raising  a  further  revenue  within  your  Majesty's 
dominions  in  America,  towards  defraying  the  .  .  .  expences  [of 
the  colonies]  ...  be  it  enacted  .  .  .  ,  That  from  and  after 
the  first  day  of  November,  one  thousand  seven  hundred  and 
sixty  five,  there  shall  be  raised,  levied,  collected,  and  paid 
unto  his  Majesty,  his  heirs,  and  successors,  throughout  the 
colonies  and  plantations  in  America  .  .  . 

For  every  skin  or  piece  of  vellum  or  parchment,  or  sheet  or 
piece  of  paper,  on  which  shall  be  ingrossed,  written  or  printed, 
any  declaration,  plea,  replication,  rejoinder,  demurrer,  or  other 
pleading,  or  any  copy  thereof,  in  any  ^court  of  law  within  the 
British  colonies  and  plantations  in  America,  a  stamp  duty  of 
three  pence. 

[Fifty-five  paragraphs  follow,  each  imposing  a  duty  (varying 
from  a  penny  to  several  pounds)  for  different  legal  or  govern 
mental  papers,  or  upon  the  sale  of  certain  articles,  or  upon 
pamphlets,  with  many  pages  of  provisions  for  the  enforcement 
of  the  law.] 

LIV.  And  be  it  further  enacted  .  .  .  ,  That  all  the  monies 
which  shall  arise  by  the  several  rates  and  duties  hereby 
granted  (except  the  necessary  charges  of  raising,  collecting, 
recovering,  answering,  paying,  and  accounting  for  the  same, 
and  the  necessary  charges  from  time  to  time  incurred  in  rela 
tion  to  this  act,  and  the  execution  thereof)  shall  be  paid  into 
the  receipt  of  his  Majesty 's  exchequer,  and  shall  be  entered 
separate  and  apart  from  all  other  monies,  and  shall  be  there 


374  PRELIMINARY  PERIOD  — TO   1774 

reserved  to  be  from  time  to  time  disposed  of  by  parliament, 
towards  further  defraying  the  necessary  expences  of  defending,  pro 
tecting,  and  securing,  the  said  colonies  and  plantations. 


120.   Reception  of  the  Stamp  Act  in  America 

a.  Patrick  Henry's  Resolutions,  May  27,  1765 

Journals  of  the  Virginia  House  of  Burgesses,  1761-1765,  Ixvi-lxvii. 

The  text  below  gives  the  resolutions  as  approved  in  committee  of 
the  whole,  May  27.  The  last  two  failed  to  pass  the  House,  May  28  ; 
and  May  29  the  last  of  the  others  was  expunged  from  the  record.  The 
full  text  was  published  by  newspapers,  however,  and  it  was  generally 
supposed  that  Virginia  had  approved  them  all  as  here  given. 

Whereas,  The  Honorable  House  of  Commons,  in  England, 
have  of  late  drawn  into  question  how  far  the  General  Assembly 
of  this  colony  hath  power  to  enact  laws  for  laying  of  taxes 
and  imposing  duties  payable  by  the  people  of  this,  his  Maj 
esty's  most  ancient  colony  ;  for  settling  and  ascertaining  the 
same  to  all  future  times,  the  House  of  Burgesses  of  this 
present  General  Assembly  have  come  to  the  following  resolves. 

Resolved,  That  the  first  adventurers,  settlers  of  this  his 
Majesty's  colony  and  dominion  of  Virginia,  brought  with 
them  and  transmitted  to  their  posterity,  and  all  other  his 
Majesty's  subjects,  since  inhabiting  in  this  his  Majesty's 
colony,  all  the  privileges  and  immunities  that  have  at  any 
time  been  held,  enjoyed,  and  possessed  by  the  people  of  Great 
Britain. 

Resolved,  That   by   two   royal   charters,    granted   by   King 

James  the  First,  the  colony  aforesaid  are  declared  and\entitled 

jjbo  all  privileges,  and  immunities  of  natural  born  subjects,  to 

all  intents  and  purposes  as  if  they  had  been  abiding  ancTrjorn 

within  the  realm  of  England. 

Resolved,  That  his  Majesty's  liege  people  of  this  ancient 
colony  have  enjoyed  the  right  of  being  thus  governed  by  their 
own  Assembly  in  the  article  of  taxes  and  internal  police, 


PATRICK  HENRY'S   RESOLUTIONS  375 

and  that  the  same  have  never  been  forfeited,  or  any  other 
way  yielded  up,  but  have  been  constantly  recognized  by  the 
King  and  people  of  Great  Britain. 

Resolved,  ^Therefore,  that  the  General  Assembly  of  this 
colony,  togemeTwith  his  Majesty  or  his  substitutes,  have,  in 
their  representative  capacity,  the  only  exclusive  right  and 
power  to  lay  taxes  and  imposts  upon  the  inhabitants  of  this 
colony;  and  that  every  attempt  to  vest  such  power  in  any 
other  person  or  persons  whatever  than  the  General  Assembly 
aforesaid,  is  illegal,  unconstitutional,  and  unjust,  and  has  a 
manifest  ,  tendency  to  destroy  British  as  well  as  American 


Resolved,  That  his  Majesty's  liege  people,  the  inhabitants 
of  this  colony,  are  not  bound  to  yield  obedience  to  any  law 
or  ordinance  whatever,  designed  to  impose  any  taxation  what 
soever  upon  them,  other  than  the  laws  or  ordinances  of  the 
General  Assembly  aforesaid. 

Resolved,  That  any  person  who  shall,  by  speaking  or  writing, 
assert  or  maintain  that  any  person  or  persons,  other  than  the 
General  Assembly  of  this  colony,  have  any  right  or  power 
to  impose  or  lay  any  taxation  on  the  people  here,  shall  be 
deemed  an  enemy  to  his  Majesty's  colony. 

[The  sixth  and  seventh  resolutions  point  to  forcible  resistance,  not 
merely  to  protest.  This  is  the  peculiarity  which  marks  off  this  document 
from  many  others  of  the  time.  A  few  months  later,  that  tone  was 
common.  Cf.  b,  below.] 

b.    An  Association  against  the  Stamp  Act  in  a   Vir 
ginia  County,  1766 

Journals  of  the  House  of  Burgesses,  1761-1765,  Ixxii.  These  Reso 
lutions  were  drawn  by  Richard  Henry  Lee. 

[County]  resolutions  passed  at  Leedstown,  on  the  27th  day  of 
February  1766  :  % 

.  .  .  We,  who  subscribe  this  paper,  have  associated,  and  do 
bind  ourselves  to  each  other,  to  God,  and  to  our  country,  by 
the  firmest  ties  that  religion  and  virtue  can  frame,  most 


376  PRELIMINARY  PERIOD  — TO   1774 

sacredly  and  punctually  to  stand  by,  and  with  our  lives  and 
fortunes,  to  support,  maintain,  and  defend  each  other  in  the 
observance  and  execution  of  these  following  articles.  .  .  . 


Thirdly.  As  the  Stamp  Act  does  absolutely  direct  the 
^  property  pf  the  people  to  be  taken  from  them  without  their 
consent  express^  by  their  representatives,  and  as  in  many 
cases  it  deprives  the  British  American  subject  of  his  right  to 
trial  by  jury ;  we  do  determine,  at  every  hazard,  and,  paying 
no  regard  to  danger  or  to  death,  we  will  exert  every  faculty,  to 
prevent  the  execution  of  the  said  Stamp  Act  in  any  instance 
whatsoever  within  this  Colony.  And  every  abandoned  wretch, 
who  shall  be  so  lost  to  virtue  and  public  good,  as  wickedly  to 
contribute  to  the  introduction  or  fixture  of  the  Stamp  Act  in 
this  Colony,  by  using  stampt  paper,  or  by  any  other  means, 
we  will,  with  the  utmost  expedition,  convince  all  such  profli 
gates  that  immediate  danger  shall  attend  their  prostitute 
purpose. 

Fourthly.  That  the  last  article  may  most  surely  and  effec 
tually  be  executed,  we  engage  to  each  other,  that  whenever  it 
shall  be  known  to  any  of  this  association,  that  any  person  is  so 
conducting  himself  as  to  favor  the  introduction  of  the  Stamp 
Act,  that  immediate  notice  shall  be  given  to  as  many  of  the 
association  as  possible ;  and  that  every  individual  so  informed, 
shall,  with  expedition,  repair  to  a  place  of  meeting  to  be 
appointed  as  near  the  scene  of  action  as  may  be.  ... 

Sixthly.  If  any  attempt  shall  be  made  on  the  liberty  or 
property  of  any  associator  for  any  action  or  thing  to  be  done 
in  consequence  of  this  engagement,  we  do  most  solemnly  bind 
ourselves  by  the  sacred  engagements  above  entered  into,  at  the 
utmost  risk  of  our  lives  and  fortunes,  to  restore  such  associate 
to  his  liberty,  and  to  protect  him  in  the  enjoyment  of  his 
property.  .  .  . 

[One  hundred  and  fifteen  names  are  signed,  —  among  them, 
a  Washington  and  six  Lees.J 


A  STAMP  DISTRIBUTOR  377 

c.  Resignation  of  Stamp  Distributor  in  Virginia,  1765 

(Letter  of  the  Governor  to  the  Lords  of  Trade} 

Journals  of  the  House  of  Burgesses,  1762-1765,  Ixviii-lxxi. 

WILLIAMSBURG  Nov.  3d  1765. 
MY  LORDS, 

The  present  unhappy  state  of  this  Colony,  will,  to  my  great 
concern,  oblige  me  to  trouble  Your  Lordships  with  a  long  and 
very  disagreeable  letter.  We  were  for  some  time  in  almost 
daily  expectations  of  the  arrival  of  Colonel  Mercer  with  the 
Stamps  for  the  use  of  this  Colony,  and  rumours  were  industri 
ously  thrown  out  that  at  the  time  of  the  General  Court  parties 
would  come  down  from  most  parts  of  the  country  to  seize  on 
and  destroy  all  Stamped  Papers.  .  .  . 

Very  unluckily,  Colonel  Mercer  arrived  at  the  time  this  town 
was  the  fullest  of  Strangers.  On  Wednesday  the  30th  October 
he  came  up  to  town.  I  then  thought  proper  to  go  to  the 
Coffee  house  .  .  .  that  I  might  be  an  eye  witness  of  what  did 
really  pass,  and  not  receive  it  by  relation  from  others.  The 
mercantile  people  were  all  assembled  as  usual.  The  first  word 
I  heard  was  "  One  and  all " ;  upon  which,  as  at  a  word  agreed 
on  before  between  themselves,  they  all  quitted  the  place  to 
find  Colonel  Mercer  at  his  Father's  lodgings  where  it  was  known 
he  was.  This  concourse  of  people  I  should  call  a  mob,  did  I 
not  know  that  it  was  chiefly  if  not  altogether  composed  of  gentlemen 
of  property  in  the  Colony,  some  of  them  at  the  head  of  their  re 
spective  Counties,  and  the  merchants  of  the  country,  whether  Eng 
lish,  Scotch  or  Virginian;  for  few  absented  themselves.  They 
met  Colonel  Mercer  on  the  way,  just  at  the  Capitol :  there  they 
stopped  and  demanded  of  him  an  answer  whether  he  would 
resign  or  act  in  this  office  as  Distributor  of  the  Stamps.  He 
said  it  was  an  affair  of  great  moment  to  him  ;  he  must  consult 
his  friends ;  and  promised  to  give  them  an  answer  at  10  o'clock 
on  Friday  morning  at  that  place.  This  did  not  satisfy  them  ; 
and  they  followed  him  to  the  Coffee  house,  in  the  porch  of 
which  I  had  seated  myself  with  many  of  the  Council  and  the 


378  PRELIMINARY  PERIOD  — TO   1774 

Speaker,  who  had  posted  himself  between  the  crowd  and  my 
self.  We  all  received  him  with  the  greatest  marks  of  welcome  ; 
with  which,  if  one  may  be  allowed  to  judge  by  their  counte 
nances,  they  [the  "  mob  "]  were  not  well  pleased,  tho'  they  re 
mained  quiet  and  were  silent.  Now  and  then  a  voice  was 
heard  from  the  crowd  that  Friday  was  too  late  ;  the  Act  would 
take  place,  they  would  have  an  answer  tomorrow.  Several 
messages  were  brought  to  Mr.  Mercer  by  the  leading  men  of  the 
crowd,  to  whom  he  constantly  answered  he  had  already  given  an 
answer  and  he  would  have  no  other  extorted  from  him.  After 
some  little  time  a  cry  was  heard,  "  let  us  rush  in."  Upon  this 
we  that  were  at  the  top  of  the  [steps],  knowing  the  advantage 
our  situation  gave  us  to  repell  those  who  should  attempt  to  mount 
them,  advanced  to  the  edge  of  the  Steps,  of  which  number  I  was 
one.  I  immediately  heard  a  cry,  "  See  the  Governor,  take  care 
of  him."  Those  who  before  were  pushing  up  the  steps,  immedi 
ately  fell  back,  and  left  a  small  space  between  me  and  them. 
If  your  Lordships  will  not  accuse  me  of  vanity  I  would  say 
that  I  believe  this  to  be  partly  owing  to  the  respect  they  bore 
to  my  character  and  partly  to  the  love  they  bore  to  my  person. 
After  much  entreaty  of  some  of  his  friends,  Mr.  Mercer  was, 
against  his  own  inclination,  prevailed  upon  to  promise  them  an 
answer  at  the  Capitol  the  next  evening  at  five.  The  crowd  did 
not  yet  disperse  ;  it  was  growing  dark,  and  I  did  not  think  it 
safe  to  have  to  leave  Mr.  Mercer  behind  me,  so  I  again  advanced 
to  the  edge  of  the  steps  and  said  aloud  I  believed  no  man  there 
would  do  me  any  hurt,  and  turned  to  Mr.  Mercer  and  told  him 
if  he  would  walk  with  me  through  the  people  I  believed  I 
could  conduct  him  safe  to  my  house;  and  we  accordingly 
walked  side  by  side  through  the  thickest  of  the  people,  who 
did  not  molest  us,  tho'  there  was  some  little  murmurs.  By  me 
thus  taking  him  under  my  protection,  I  believe  I  saved  him 
from  being  insulted  at  least.  When  we  got  home  we  had  much 
discourse  on  the  subject.  .  .  .  He  left  me  that  night  in  a  state 
of  uncertainty  what  part  he  should  act. 

Accordingly  Mr.  Mercer  appeared  at  the  Capitol  at  5,  as  he 


A  STAMP  DISTRIBUTOR  379 

had  promised.  The  number  of  people  assembled  there  was 
much  increased,  by  messengers  having  been  sent  into  the 
neighborhood  for  that  purpose.  Colonel  Mercer  then  read  to 
them  the  answer  which  is  printed  in  the  Supplement  of  the 
Gazette,  of  which  I  enclose  your  Lordships  a  copy,  to  which  I 
beg  leave  to  refer.1  .  .  . 

[Mercer  offered  to  resign  his  commission  to  the  governor — 
who  refused  to  accept  the  resignation.]  If  I  accepted  the  resig 
nation,  I  must  appoint  another,  and  I  was  well  convinced  I 
could  not  find  one  to  accept  of  it,  in  those  circumstances, 
which  would  render  the  office  cheap.  Besides  if  I  left  Mr. 
Mercer  in  possession  of  the  place  he  would  be  always  ready  to 
distribute  the  Stamped  papers,  whenever  peoples  eyes  should 
be  opened  and  they  should  come  to  their  senses,  so  as  to  receive 
them.  .  .  . 

FRANCIS  FAUQUIER. 

Colonel  Mercer  has  informed  me  that  he  proposes  to  apply 
to  the  Commanders  of  His  Majesty's  ships  of  War,  to  take  the 
Stamped  Papers  on  board  their  ships  for  His  Majesty's  service : 
it  being  the  place  of  the  greatest  if  not  the  only  security  for 
them  :  for  I  am  convinced,  as  well  as  himself,  that  it  would  be 
extremely  dangerous  to  attempt  to  land  them  during  the  present 
fermented  state  of  the  Colony.  If  these  Gentlemen  should 
refuse  to  take  charge  of  them,  and  Mr.  Mercer  should  apply 
to  me,  I  will  do  my  duty  to  His  Majesty  and  save  them  from 
being  destroyed,  to  the  best  of  my  power,  tho'  I  can  by  no 
means  answer  for  the  success  of  my  endeavors.  .  .  . 

I  am  with  the  greatest  respect  and  esteem,  my  Lords 
Your  Lordships  most  obedient 
and  devoted  Servant. 

FRANCIS  FAUQUIER. 

1  Mercer  promised  not  to  act  unless  first  he  should  have  secured  permission 
from  the  Virginia  Assembly.  He  was  then  borne  in  triumph  to  his  lodgings 
by  the  joyful  "  mob." 


380  PRELIMINARY  PERIOD  — TO   1774 


d.  Terrorizing  the  Respecters  of  the  Law  in  New  Jersey 

The  New  York  Gazette  or  Weekly  Post  Boy,  February  27,  1766  ;  re 
produced  in  New  Jersey  Archives,  First  Series,  XXV,  38. 

A  large  Gallows  was  erected  in  Elizabeth-Town  last  Week, 
with  a  Rope  ready  fixed  thereto;  and  the  Inhabitants  there 
vow  and  declare  that  the  first  Person  that  either  distributes 
and  [or]  takes  out  [i.e.,  uses]  Stamped  Paper,  shall  be  hung 
thereon  without  Judge  or  Jury. 

121.   Origin  of  the  Virginia  Non-importation  Agreement 

a.  Protest  of  the  Burgesses  against  the  Proposal  of  the  English 
Government  to  send  Americans,  accused  of  Treason,  to  England 
for  Trial. 

Journals  of  the  House  of  Burgesses,  1766-1769,  212-218. 

Tuesday,  the  16th  of  May.  9  Geo.  III.  1769. 


.  .  .  The  Order  of  the  Day  being  read,  for  the  House  to  re 
solve  itself  into  a  Committee  of  the  whole  House,  to  consider 
of  the  present  State  of  the  Colony  ; 

Ordered,  That  .  .  .  one  other  Statute  made  in  the  Thirty- 
fifth  Year  of  the  same  King's  Reign  [Henry  VIII],  entituled, 
An  Act  for  the  Trial  of  Treasons  committed  out  of  the  King's 
Dominions,  be  referred  to  the  said  Committee. 

Then  the  House  resolved  itself  into  the  said  Committee. 

Mr.  Speaker  left  the  Chair. 

Mr.  Blair  took  the  Chair  of  the  Committee. 

Mr.  Speaker  resumed  the  Chair. 

Mr.  Blair  reported,  from  the  Committee,  that  they  had  come 
to  several  Resolutions  ;  which  he  read  in  his  Place,  and  after 
wards  delivered  in  at  the  Clerk's  Table,  where  the  same  were 
read,  and  are  as  followeth,  viz. 

[Resolutions  I  and  II  repeat  familiar  clauses  as  to  right  of 


THE  VIRGINIA  BURGESSES  381 

taxation  only  by  the  Virginia  Assembly,  and  as  to  right  of 
petition  for  redress  of  grievances.] 

[Ill]  Resolved,  That  it  is  the  Opinion  of  this  committee,  that 
all  Trials  for  Treason,  Misprison  of  Treason,  or  for  any  Felony 
or  Crime  whatsoever,  committed  and  done  in  this  his  Majesty's 
said  Colony  and  Dominion,  by  any  Person  or  Persons  residing 
therein,  ought  of  Right  to  be  had,  and  conducted  in  and  before 
his  Majesty's  Courts,  held  within  the  said  Colony,  according 
to  the  fixed  and  known  Course  of  Proceeding ;  and  that  the 
seizing  any  Person  or  Persons,  residing  in  this  Colony,  sus 
pected  of  any  Crime  whatsoever,  committed  therein,  and  send 
ing  such  Person,  or  Persons,  to  Places  beyond  the  Sea,  to  be 
tried,  is  highly  Derogatory  of  the  Rights  of  British  Subjects ; 
as  thereby  the  inestimable  Privilege  of  being  tried  by  a  Jury 
from  a  Vicinage  as  well  as  the  Liberty  of  summoning  and  pro 
ducing  Witnesses  on  such  Trial,  will  be  taken  away  from  the 
Party  accused.  .  .  . 

[A  fourth  resolution  declared  the  purpose  of  memorializing 
King  George  upon  the  matter  of  the  third  resolution.] 

The  said  Resolutions  being  severally  read  a  second  Time ; 

Resolved,  Nemine  Contradicente, 

That  this  House  doth  agree  with  the  Committee  in  the  said 
Resolutions. 


Resolved,  That  this  House  will,  To-morrow,  resolve  itself  into 
a  Committee  of  the  whole  House,  to  consider  further  of  the 
present  State  of  the  Colony. 

Ordered,  That  the  Speaker  of  this  House  do  transmit  without 
Delay,  to  the  Speakers  of  the  several  Houses  of  Assembly,  on  this 
Continent,  a  Copy  of  the  Resolutions  now  agreed  to  by  this  House, 
requesting  their  Concurrence  therein. 

Ordered,  That  a  Committee  be  appointed  to  draw  up  an  Ad 
dress,  to  be  presented  to  his  Majesty,  upon  the  fourth  Resolu 
tion  of  the  Committee  of  the  whole  House,  this  Day  reported, 
and  agreed  to  by  the  House. 


382  PRELIMINARY  PERIOD  —  TO   1774 


Wednesday,  the  17th  of  May.  9  Geo.  III.  1769. 


Ordered,  That  the  Resolutions  of  the  Committee  of  the  whole 
House,  Yesterday  reported  to  the  House,  and  by  them  agreed 
to,  be  printed  in  the  Virginia  Gazette. 

*******. 

[Mr.  Blair,  previously  appointed  to  draft  an  address  to  the 
King,  read  the  address,  as  follows.] 

When  we  consider,  that  by  the  established  Laws  and  Consti 
tution  of  this  Colony,  the  most  ample  Provision  is  made  for 
apprehending  and  punishing  all  those  who  shall  dare  to  engage 
in  any  treasonable  Practices  against  your  Majesty,  or  disturb 
the  Tranquility  of  Government,  we  cannot,  without  Horror, 
think  of  the  new,  unusual,  and  permit  us,  with  all  Humility, 
to  add,  unconstitutional  and  illegal  Mode,  recommended  to  your 
Majesty,  of  seizing  and  carrying  beyond  the  Sea,  the  Inhabit 
ants  of  America,  suspected  of  any  Crime ;  and  of  trying  such 
Persons  in  any  other  Manner  than  by  the  ancient  and  long  es 
tablished  Course  of  Proceeding:  For  how  truly  deplorable 
must  be  the  Case  of  a  wretched  American,  who,  having  incurred 
the  Displeasure  of  any  one  in  Power,  is  dragged  from  his  na 
tive  Home,  and  his  dearest  domestick  Connections,  thrown 
into  Prison,  not  to  await  his  Trial  before  a  Court,  Jury,  or 
Judges,  from  a  Knowledge  of  whom  he  is  encouraged  to  hope 
for  speedy  Justice ;  but  to  exchange  his  Imprisonment  in  his 
own  Country,  for  Fetters  amongst  Strangers  ?  Conveyed  to  a 
distant  Land,  where  no  Friend,  no  Relation,  will  alleviate  his 
Distresses,  or  minister  to  his  Necessities ;  and  where  no  Wit 
ness  can  be  found  to  testify  his  Innocence ;  shunned  by  the 
reputable  and  honest,  and  consigned  to  the  Society  and  Con 
verse  of  the  wretched  and  the  abandoned ;  he  can  only  pray 
that  he  may  soon  end  his  Misery  with  his  Life.  .  .  . 

The  said  Address  being  read  a  second  Time ; 


VIRGINIA  NON-IMPORTATION  ASSOCIATION      383 

Resolved,  Nemine  Contradicente, 

That  the  House  doth  agree  with  the  Committee,  in  the  said 
Address,  to  be  presented  to  his  Majesty. 

Ordered,  That  Mr.  Speaker  do  transmit  the  said  Address  to 
the  Agent  for  this  Colony,  with  Directions  to  cause  the  same 
to  be  presented  to  his  Most  Excellent  Majesty ;  and  afterwards 
to  be  printed  and  published  in  the  English  Papers. 


A  Message  from  the  Governor,  by  Mr.  Walthoe  : 

"  Mr.  Speaker,  the  Governor  commands  the  immediate  At 
tendance  of  your  House  in  the  Council  Chamber." 

Accordingly,  Mr.  Speaker,  with  the  House,  went  up  to  attend 
the  Governor  in  the  Council  Chamber ;  where  his  Excellency 
was  pleased  to  say  to  them : 

"  Mr.  Speaker,  and  Gentlemen  of  the  House  of  Burgesses, 
I  have  heard  of  your  Resolves  and  augur  ill  of  their  Effect: 
You  have  made  it  my  Duty  to  dissolve  you ;  and  you  are  dis 
solved  accordingly." 

b.  Association  of  the  Ex- Burg  esses,  May  18,  1769 

Journals  of  House  of  Burgesses,  1766-1769,  xxxix  ff. 

"The  late  representatives  of  the  people"  then  judging  it  necessary 
that  some  action  should  be  taken  to  relieve  their  "distressed  situation, 
and  for  preserving  the  true  and  essential  interests  of  the  Colony,  resolved 
upon  a  meeting  "  and  at  once  repaired  to  the  house  of  Mr.  Anthony  Hay, 
when  it  was  proposed  that  such  matters  as  demanded  attention  might  be 
considered.  This  body,  according  to  adjournment,  met  next  day  and 
continued  its  session.  The  minutes  of  both  meetings,  not  being  included 
in  the  regular  Journals  of  the  House  of  Burgesses,  were  ordered  by  the 
Burgesses  to  be  printed,  as  follows. 

Williamsburg 

Wednesday,  the  17th  May.  1769. 

About  12  o'Clock  his  Excellency  the  Governor  was  pleased, 
by  his  Messenger,  to  command  the  Attendance  of  the  House 
of  Burgesses  in  the  Council  Chamber,  whereupon,  in  Obedience 


384  PRELIMINARY  PERIOD  — TO   1774 

to  his  Lordship's  Command,  the  House,  with  their  Speaker, 
immediately  waited  upon  his  Excellency,  when  he  thought  fit 
to  dissolve  the  General  Assembly. 

The  late  Representatives  of  the  People  then  judging  it 
necessary  that  some  Measures  should  be  taken  in  their  dis 
tressed  Situation,  for  preserving  the  true  and  essential  Inter 
ests  of  the  Colony,  resolved  upon  a  Meeting  for  that  very 
salutary  Purpose,  and  therefore,  immediately,  with  the  great 
est  Order  and  Decorum,  repaired  to  the  House  of  Mr.  Anthony 
Hay  in  this  City,  where  being  assembled,  it  was  first  proposed, 
for  the  more  decent  and  regular  Discussion  of  such  Matters  as 
might  be  taken  into  Consideration,  that  a  Moderator  should  be 
appointed,  and,  on  the  Question  being  put,  Peyton  Randolph, 
Esq ;  late  Speaker  of  the  House  of  Burgesses,  was  unanimously 
elected. 

The  true  state  of  the  Colony,  being  then  opened  and  fully 
explained,  and  it  being  proposed  that  a  regular  Association 
should  be  formed,  a  Committee  was  appointed  to  prepare  the 
necessary  and  most  proper  Regulations  for  that  Purpose,  and 
they  were  ordered  to  make  their  Report  to  the  General  Meet 
ing  the  next  Day  at  10  o'clock. 

Thursday.  May  18. 

At  a  farther  Meeting,  according  to  Adjournment,  the  Com 
mittee  appointed  Yesterday,  made  their  Report,  which  being 
read,  seriously  considered  and  approved,  was  signed  by  a 
great  Number  of  the  Principal  Gentlemen  of  the  Colony  then 
present,  and  is  as  follows : 

We  his  Majesty's  most  dutiful  Subjects,  the  late  Represen 
tatives  of  all  the  Freeholders  of  the  Colony  of  Virginia,  avow 
ing  our  inviolable  and  unshaken  Fidelity  and  Loyalty  to  our 
most  gracious  Sovereign,  our  Affection  for  all  our  Fellow 
Subjects  of  Great  Britain  protesting  against  every  Act  or 
Thing  which  may  have  the  most  distant  Tendancy  to  inter 
rupt,  or  in  any  wise  disturb  his  Majesty's  Peace,  and  the 
good  Order  of  his  Government  in  this  Colony,  which  we  are 
resolved,  at  the  Risque  of  our  Lives  and  Fortune,  to  maintain 


VIRGINIA  NON-IMPORTATION  ASSOCIATION       385 

and  defend ;  but  at  the  same  Time,  being  deeply  affected  with 
the  Grievances  and  Distresses  with  which  his  Majesty's  Ameri 
can  Subjects  are  oppressed,  and  dreading  the  Evils  which 
threaten  the  ruin  of  ourselves  and  our  posterity,  by  reducing 
us  from  a  free  and  happy  People,  to  a  wretched  and  miserable 
State  of  Slavery;  and  having  taken  into  our  most  serious 
Consideration  the  present  State  of  the  Trade  of  this  Colony, 
and  of  the  American  Commerce  in  general,  observe  with 
Anxiety,  that  the  Debt  due  Great  Britain  for  Goods  imported 
from  thence  is  very  great,  and  that  the  Means  of  paying  this 
Debt,  in  the  present  Situation  of  Affairs,  are  likely  to  become 
more  and  more  precarious ;  that  the  Difficulties,  under  which 
we  now  labour,  are  owing  to  Restrictions,  Prohibitions,  and  ill 
advised  Regulations  in  several  late  Acts  of  Parliament  of 
Great  Britain  ;  in  particular,  that  the  late  unconstitutional  Act, 
imposing  Duties  on  Tea,  Paper,  Glass,  etc.,  for  the  sole  Pur 
pose  of  raising  a  Revenue  in  America,  is  injurious  to  Property  j 
and  destructive  to  Liberty,  hath  a  necessary  Tendency  to  pre 
vent  the  Payment  of  the  Debt  due  from  this  Colony  to  Great 
Britain,  and  is,  of  Consequence,  ruinous  to  Trade;  that,  not 
withstanding  the  many  earnest  Applications  already  made, 
there  is  little  reason  to  expect  a  Redress  of  those  Grievances : 
Therefore,  in  Justice  to  ourselves  and  our  Posterity,  as  well  as 
to  the  Traders  of  Great  Britain  concerned  in  the  American 
Commerce,  we,  the  Subscribers,  have  voluntarily  and  unani 
mously  entered  into  the  following  Resolutions,  in  Hopes  that 
our  Example  will  induce  the  good  People  of  this  Colony  to  be 
frugal  in  the  Use  and  Consumption  of  British  Manufactures, 
and  that  the  Merchants  and  Manufacturers  of  Great  Britain 
may,  from  Motives  of  Interest,  Friendship,  and  Justice,  be 
engaged  to  exert  themselves  to  obtain  for  us  a  Redress  of 
those  Grievances,  under  which  the  Trade  and  Inhabitants  of 
America  at  present  labour:  We  do  therefore  most  earnestly 
recommend  this  our  Association  to  the  serious  inhabitants  of 
this  Colony,  in  Hopes,  that  they  will  very  readily  and  cordially 
accede  thereto. 


386  PRELIMINARY  PERIOD  — TO   1774 

First,  It  is  UNANIMOUSLY  agreed  on  and  resolved 
this  18th  day  of  May,  1769,  that  the  Subscribers,  as  well 
by  their  own  Example,  as  all  other  legal  Ways  and  Means 
in  their  Power,  will  promote  and  encourage  Industry  and 
Frugality,  and  discourage  all  Manner  of  Luxury  and  Ex 
travagance. 

Secondly,  That  they  will  not  at  any  Time  hereafter,  directly 
or  indirectly  import,  or  cause  to  be  imported,  any  Manner  of 
Goods,  Merchandise,  or  Manufactures,  which  are,  or  shall 
thereafter  be  taxed  by  Act  of  Parliament,  for  the  Purpose  of 
raising  a  Revenue  in  America  (except  Paper,  not  exceeding 
Eight  Shillings  Sterling  per  Reeni,  and  except  such  Articles 
only,  as  Orders  have  been  already  sent  for)  nor  purchase  any 
such  after  the  First  Day  of  September  next,  of  any  Person 
whatsoever,  but  that  they  will  always  consider  such  Taxa 
tion,  in  every  Respect,  as  an  absolute  Prohibition,  and  in 
all  future  Orders,  direct  their  Correspondents  to  ship  them 
no  Goods  whatever,  taxed  as  aforesaid,  except  as  is  above 
excepted.  .  .  .l 

[Present 

89  members.] 

The  business  being  finished,  the  following  TOASTS  were 
drank,  and  Gentlemen  retired. 

The  KING, 

The  QUEEN  and  ROYAL  FAMILY, 

His  Excellency  Lord  BOTETOURT  [the  Governor],  and 
Prosperity  to  VIRGINIA. 

The  speedy  and  lasting  Union  between  Great  Britain  and 
her  Colonies. 

The  constitutional  British  Liberty  in  America,  and  all  true 
Patriots,  the  Supporters  thereof.  .  .  . 

1  George  Washington  and  George  Mason  (as  their  preserved  letters  show)  had 
been  in  correspondence  regarding  such  a  non-importation  agreement  for  some 
weeks.  Mason  drew  the  resolutions;  Washington  was  to  have  presented 
them  to  the  Assembly.  Now  he  did  so  (in  person  or  by  deputy)  to  the  informal 
meeting  at  Mr.  Hay's.  See  Washington's  Writings,  first  edition,  II,  263;  and 
Mason's  Life  and  Correspondence,  I,  136  ff. 


MASSACHUSETTS  TOWN-COMMITTEES          387 

122.  The  Origin  of  Massachusetts  Town-Committees  of  Corre 
spondence,  1772 

Boston  Town  Records,  1770-1777  (Report  of  the  Record  Commissioners, 
1887),  pp.  90-93. 

A  Boston  town  meeting  of  October  28  had  been  concerned  with  the 
report  that  "  Stipends  are  affixed  by  order  of  the  Crown  to  the  offices  of 
the  Judges  of  Superior  Court."  This  action  had  been  taken  by  the 
British  government  to  render  the  judges  independent  of  the  Assembly 
and  of  public  opinion  in  Massachusetts.  The  meeting  had  voted  that  "  a 
decent  .  .  .  Application  "  be  made  to  the  governor  asking  for  infor 
mation  as  to  the  truth  of  the  report.  The  Governor's  refusal  appears 
in  the  first  part  of  the  document.  This  crisis,  and  the  refusal  of  Governor 
Hutchinson  (below)  to  permit  the  Assembly  to  meet,  brought  about  the 
organization  of  committees  of  correspondence.  Cf.  American  History 
and  Government,  §  140. 

Fryday  October  30,  10  O'Clock  Before  Noon,  Met  according 
to  Adjournment. 

The  Committee  to  present  the  Governor  an  Address  Reported 
the  following  answer  which  his  Excellency  delivered  to  them  in 
Writing  —  Viz  — 
Gentlemen 

It  is  by  no  means  proper  for  me  to  lay  before  the 
Inhabitants  of  any  Town  whatsoever  in  consequence  of  their 
Votes  and  Proceedings  in  a  Town  Meeting  any  part  of  my 
Correspondence  as  Governor  of  this  Province  or  to  acquaint 
them  whether  I  have  or  have  not  received  any  advice  relating 
to  the  public  Affairs  of  the  Government.  This  reason  alone  if 
your  Address  to  me  had  been  in  other  respects  unexceptionable, 
would  have  been  sufficient  to  restrain  me  from  complying  with 
your  desire  — 

I  shall  always  be  ready  to  gratify  the  Inhabitants  of  the 
Town  of  Boston  upon  every  regular  Application  to  me  on 
business  of  public  concernment  to  the  Town  as  far  as  I  shall 
have  it  in  my  power  consistent  with  fidelity  to  the  trust  which 
his  Majesty  has  reposed  in  me  — 

T.  HUTCHINSON. 


388  PRELIMINARY  PERIOD  — TO   1774 

The  aforegoing  answer,  having  been  considered  —  It  was 
moved  and  the  Question  put  —  Whether  application  shall  be 
now  made  to  his  Excellency  by  the  Town  that  he  would  be 
pleased  to  permit  the  General  Assembly  to  meet  at  the  time  to 
which  they  stand  prorogued,  which  passed  in  the  Affermative 
Nem  Con.  —  It  was  then  Voted,  that 

The  Honorable  James  Otis,  Esq. 
Mr.  Samuel  Adams 
The  Honorable  Thomas  Gushing,  Esq. 

be  a  Committee  to  prepare  a  Petition  to  his  Excellency  for  the 
purpose  aforesaid  — 

The  Petition  of  a  number  of  the  Inhabitants  — "  That 
another  public  School  may  be  Established  at  the  South  part 
of  the  Town,"  was  read,  and  after  debate  had  thereon  —  the 
Question  was  put  —  Whether  the  Consideration  of  the  same 
shall  be  referred  to  March  Meeting — Passed  in  the  affermative. 

The  Committee  appointed  by  the  Town  at  a  late  Meeting  to 
consider  what  was  proper  to  be  done  to  prevent  the  -ruin  of 
Beacon  Hill,  were  desired  to  make  Report  as  soon  as  may  be. 

Voted,  that  the  Town  Clerk  be  directed  to  lay  the  Original 
Grant  of  Beacon  Hill  before  the  Town  at  their  adjournment. 

Upon  a  Motion  made  —  Voted,  that  the  Selectmen  be  added 
to  the  Committee  relative  to  Beacon  Hill  — 

The  Committee  chosen  to  prepare  a  Petition  to  the  Governor, 
relative  to  the  Meeting  of  the  General  Court  —  Reported  the 
following  Draft  —  Viz  — 

The  Petition  of  the  Freeholders  and  other  Inhabitants  of 
the  Town  of  Boston  legally  Assembled  by  Adjournment  in 
Faneuil  Hall  on  Fryday  30  of  October  1772  - 

Humbly  Sheweth  — 

That  your  Petitioners  are  still  greatly  alarmed  at  the  Report 
which  has  been  prevalent  of  late  Viz.  That  Stipends  are 
affixed  to  the  Offices  of  the  Judges  of  the  Superior  Court  of 
Judicature  of  this  Province  by  Order  of  the  Crown  for  their 
support  — 

Such  an  Establishment  is  contrary  not  only  to  the  plain  and 


MASSACHUSETTS  TOWN  COMMITTEES          389 

obvious  sense  of  the  Charter  of  this  Province  but  also  some  of 
the  fundamental  Principles  of  the  Common  Law,  to  the  benefit 
of  which  all  British  Subjects,  wherever  dispersed  throughout 
the  British  Empire,  are  indubitably  entitled —  .  .  . 

It  is  therefore  their  earnest  and  humble  request  that  your 
Excellency  would  be  pleased  to  allow  the  General  Assembly 
to  meet  at  the  time  to  which  they  now  stand  prorogued ;  in 
order  that  in  that  Constitutional  Body,  with  whom  it  is  to 
enquire  into  Grievances  and  Redress  them,  the  Joint  Wisdom 
of  the  Province  may  be  employed,  in  deliberating  and  deter 
mining  on  a  matter  so  important  and  alarming  — 

The  Town  having  considered  the  foregoing  Draft  of  a  Peti 
tion  to  Governor  Hutchinson  —  It  was  Voted,  that  the  same 
be  accepted,  Nem.  Con.  Also  Voted,  that  [seven  names]  be  a 
Committee  to  present  the  Petition  to  his  Excellency  — 

Voted,  that  this  Meeting  be  Adjourned  to  Monday  next  3. 
O'Clock  P.M. 

Monday  November  M  3.  O'Clock  P.M.  Met  According  to 
Adjournment. 

The  Committee  appointed  to  present  a  Petition  To  his  Ex 
cellency  the  Governor  of  this  Province,  Reported  and  laid 
before  the  Town  the  following  Reply  which  his  Excellency 
had  been  pleased  to  deliver  them  in  writing  —  Viz.  [A  firm 
claim  that  the  town-meeting  was  meddling  with  matters  that 
were  beyond  its  province,  and  a  refusal  to  call  the  Assembly.] 

The  foregoing  Reply  having  been  read  several  times  and 
duly  considered;  it  was  moved  and  the  Question  accordingly 
put  Whether  the  same  be  satisfactory  to  the  Town;  which 
passed  in  the  Negative  Nem.  Con.  And  thereupon  — 

Resolved  as  the  Opinion  of  the  Inhabitants  of  this  Town 
that  they  have  ever  had,  and  ought  to  have,  a  right  to  Petition 
the  King  or  his  Representatives  for  the  Redress  of  such 
Grievances  as  they  feel  or  for  preventing  of  such  as  they  have 
reason  to  apprehend,  and  to  communicate  their  Sentiment  to 
other  Towns. 

It  was  then  moved  by  Mr.  Samuel  Adams,  That  a  Committee  of 


390  PRELIMINARY  PERIOD  — TO   1774 

Correspondence  be  appointed  to  consist  of  twenty-one  Persons  — 
to  state  the  Rights  of  the  Colonists  and  of  this  Province  in  par 
ticular,  as  Men,  as  Christians,  "and  as  Subjects  ;  to  communicate 
and  publish  the  same  to  the  several  Towns  in  this  Province  and  to 
the  World  as  the  sense  of  this  Town,  with  the  Infringements  and 
Violations  thereof  that  have  been,  or  from  time  to  time  may  be 
made  —  Also  requesting  of  each  Town  a  free  communication  of 
their  Sentiments  on  this  Subject  —  And  the  Question  being  ac 
cordingly  put  —  Passed  in  the  Affermative.  Nem.  Con.  —  Also 
Voted,  that  [a  list  headed  with  the  names  of  Samuel  Adams, 
James  Otis,  and  Joseph  Warren]  be  and  hereby  are  appointed 
a  Committee  for  the  purpose  aforesaid,  and  that  they  be  desired 
to  Report  to  the  Town  as  soon  as  may  be  —  .  . 
Then  the  Meeting  was  dissolved. 

123.  Creation  of  Standing  Intercolonial  Committees  of  Corre 
spondence,  1773 

This  was  the  most  important  step  in  America  between  the  Stamp  Act 
Congress  and  the  First  Continental  Congress.  Cf.  American  History 
and  Government,  §  140. 

a.  Jefferson's  Account  of  the  Origin  of  the  Movement 
(written  at  a  Later  Date) 

Ford's  Writings  of  Jefferson,  I,  7,  8. 

Not  thinking  our  old  and  leading  members  up  to  the  point 
of  forwardness  and  zeal  which  the  times  required,  Mr.  Henry, 
Richard  Henry  Lee,  Francis  L.  Lee,  Mr.  Carr  and  myself 
agreed  to  meet  in  the  evening  in  a  private  room  of  the  Raleigh, 
to  consult  on  the  state  of  things.  There  may  have  been  a 
member  or  two  more  whom  I  do  not  recollect.  We  were  all 
sensible  that  the  most  urgent  of  all  measures  was  that  of  com 
ing  to  an  understanding  with  all  the  other  colonies,  to  consider 
the  British  claims  as  a  common  cause  to  all,  and  to  produce  a 
unity  of  action ;  and  for  this  purpose  that  a  committee  of  cor 
respondence  in  each  colony  would  be  the  best  instrument  for 
intercommunication ;  and  that  their  first  measure  would  prob- 


VIRGINIA:  INTERCOLONIAL  COMMITTEES      391 

ably  be,  to  propose  a  meeting  of  deputies  from  every  colony, 
at  some  central  place,  who  should  be  charged  with  the  direc 
tion  of  the  measures  which  should  be  taken  by  all.  We 
therefore  drew  up  the  resolutions.  The  consulting  members 
proposed  to  me  to  move  them,  but  I  urged  that  it  should  be 
done  by  Mr.  Carr,  my  friend  and  brother  in  law,  then  a  mem 
ber,  to  whom  I  wished  an  opportunity  should  be  given  of 
making  known  to  the  house  his  great  worth  and  talents.  It 
was  so  agreed;  he  moved  them.  They  were  agreed  to  nem. 
con.,  and  a  committee  of  correspondence  appointed,  of  whom 
Peyton  Randolph,  the  Speaker,  was  chairman. 

b.  TJie  Action  of  the  Virginia  Burgesses 
Journals  of  the  House  of  Burgesses,  1775-1776,  26-28. 
Friday,  the  12th  of  March,  13  Geo.  III.     1773. 

******* 

The  House  resolved  itself  into  a  Committee  of  the  whole 
House,  upon  the  State  of  the  Colony. 

Mr.  Speaker  left  the  chair. 

Mr.  Bland  took  the  Chair  of  the  Committee. 

Mr.  Speaker  resumed  the  Chair. 

Mr.  Bland  reported  from  the  Committee,  that  they  had 
directed  him  to  make  the  following  Report  to  the  House,  viz.1 

Whereas,  the  minds  of  his  Majesty's  faithful  Subjects  in 
this  Colony  have  been  disturbed,  by  various  Rumours  and 
Reports  of  proceedings  tending  to  deprive  them  of  their 
ancient,  legal  and  constitutional  Rights. 

And  ivliereas,  the  affairs  of  this  Colony  are  frequently  con 
nected  with  those  of  Great  Britain,  as  well  as  of  the  neigh 
boring  Colonies,  which  renders  a  Communication  of  Sentiments 
necessary ;  in  Order  therefore  to  remove  the  Uneasiness,  and 
to  quiet  the  minds  of  the  People,  as  well  as  for  the  other  good 
purposes  above  mentioned : 

1  Only  the  result  of  the  action  of  the  Committee  of  the  Whole  goes  on 
record.  Cf.  No.  121. 


392  PRELIMINARY  PERIOD— TO   1774 

Be  it  resolved,  that  a 'standing  Committee  of  (Correspondence 
and  inquiry  be  appointed,  to  consist  of  eleven*  Persons,  to  wit, 
the  Honourable  Peyton  Randolph,  Esquire,  Robert  Carter 
Nicholas,  Richard  Bland,  Richard  Henry  Lee,  Benjamin 
Harrison,  Edmund  Pendleton,  Patrick  Henry,  Dudley  Digges, 
Ddbney  Carr,  Archibald  Gary,  and  TJwmas  Jefferson,  Esquires, 
any  six  of  whom  to  be  a  Committee,  whose  business  it  shall  be 
to  obtain  the  most  early  and  authentic  intelligence  of  all  such 
Acts  and  Resolutions  of  the  British  Parliament,  or  proceedings  of 
Administration,  as  may  relate  to  or  affect  the  British  Colonies  in 
America,  and  to  keep  up  and  maintain  a  Correspondence  and  Com 
munication  with  our  Sister  Colonies,  respecting  these  important 
Considerations ;  and  the  result  of  such  their  proceedings,  from 
Time  to  Time,  to  lay  before  this  House. 

Resolved,  that  it  be  an  instruction  to  the  said  Committee, 
that  they  do,  without  delay,  inform  themselves  particularly  of 
the  principles  and  Authority,  on  which  was  constituted  a 
Court  of  Inquiry,  said  to  have  been  lately  held  in  Rhode 
Island,  with  Powers  to  transmit  Persons,  accused  of  Offences 
committed  in  America,  to  places  beyond  the  Seas,  to  be 
tried. 

The  said  Resolutions,  being  severally  read  a  second  Time, 
were  upon  the  Question  severally  put  thereupon  agreed  to  by 
the  House,  nemine  contradicente. 

Resolved,  that  the  Speaker  of  this  House  do  transmit  to  the 
Speakers  of  the  different  Assemblys  of  the  British  Colonies,  on  the 
Continent,  Copies  of  the  said  Resolutions,  and  desire  that  they  will 
lay  them  before  their  respective  Assemblies  ;  and  request  them  to 
appoint  some  Person  or  Persons,  of  their  respective  Bodies,  to 
communicate,  from  Time  to  Time,  with  the  said  Committee. 

c.  Letters  received  by  the  Virginia  Committee  of  Corre 
spondence,  1773 

Journals  of  the  House  of  Burgesses  of  Virginia,  1773-1767,  47-50. 


COMMITTEES  OF  CORRESPONDENCE  393 

(1)  Rhode  Island. 

New  Port,  May  15th,  1773. 
SIR: 

I  had  the  Pleasure  of  receiving  your  Favour  of  the  19th  of 
March  with  the  Resolves  of  the  House  of  Burgesses  of  Virginia ; 
which  with  the  Letter  from  your  Committee  of  Correspondence 
I  laid  before  the  House  of  Deputies  of  this  Colony  at  their 
meeting  the  last  Week. 

The  House  thoroughly  convinced  that  a  firm  Union  of  the 
Colonies  is  absolutely  necessary  for  the  Preservation  of  their 
ancient,  legal  and  constitutional  Rights,  and  that  the  Measures 
proposed  by  your  House  of  Burgesses  will  greatly  promote  so 
desirable  an  End,  came,  Nemine  contradicente,  into  the  Resolu 
tions  of  which  I  have  the  honor  now  to  enclose  you  a  Copy. 

I  am  desired  to  inform  you  that  the  Committee  apointed  by 
our  House  of  Deputies,  will,  as  soon  as  possible,  transmit  to 
the  Committee  of  Correspondence  of  Virginia,  the  best  Accounts 
they  shall  be  able  to  obtain,  respecting  the  Court  of  Inquiry 
lately  held  in  this  Colony. 

I  am  with  great  Respect,  your  most  obedient  Servant, 

Metcalf  Bowler  [Speaker]. 
[The  Resolves  inclosed,  as  follows.] 
May  7th  1773.     In  the  House  of  Deputies. 

Resolved  that  a  standing  Committee  of  Correspondence  and 
Inquiry  be  appointed  to  consist  of  seven  Persons,  to  wit  the 
honorable  Stephen  Hopkins,  Esquire,  Metcalf  Bowler,  Moses 
Brown,  John  Cole,  William  Bradford,  Henry  Ward,  and  Henry 
Merchant  Esquires,  and  four  of  whom  to  be  a  Committee,  whose 
Business  it  shall  be  to  obtain  the  most  early  and  authentick 
Intelligence  of  all  such  Acts  and  Resolutions  of  the  British 
Parliament  or  Proceedings  of  Administration  as  may  relate  to 
or  affect  the  British  Colonies  in  America,  and  to  keep  up  and 
maintain  a  Correspondence  with  our  Sister  Colonies  respecting 
these  important  Considerations ;  and  the  Result  of  such  their 
Proceedings  from  Time  to  Time  to  lay  before  this  House. 

Voted  Per  Order  J.  Lyndon,  Clerk. 


394  PRELIMINARY  PERIOD  — TO    1774 

The  above  written  is  a  true  Copy  of  a  Vote  of  the  House  of 
Deputies  of  Lower  House  of  Assembly  of  the  Colony  of  Rhode 
Island. 

*  ****** 

May  7th  1773.  In  the  House  of  Deputies. 
Resolved,  that  the  Speaker  of  this  House  be  requested  to 
write  to  the  Speaker  of  the  House  of  Burgesses  in  Virginia,  and 
to  all  other  Speakers  of  Assemblies  in  North  America,  inform 
ing  them  of  the  Proceedings  of  this  House  relating  to  the 
Preservation  of  the  Rights  of  the  Colonies. 

Voted  Per  Order  J.  Lyndon,  Clerk. 
******* 
(2)          From  a  Massachusetts  Legislative  Committee. 

Province  of  Massachusetts  Bay,  June  3d.,  1773. 
Sir: 

The  very  judicious  and  important  Resolves  entered  into  by 
the  House  of  Burgesses  of  his  Majesty's  most  ancient  Colony 
of  Virginia  on  the  12th  March  last,  together  with  your  obliging 
Letter  inclosing  the  same,  have  been  laid  before  the  house  of 
Representatives  of  this  Province. 

The  Wisdom  of  the  Measures  proposed  in  those  Resolves,  and 
the  great  and  good  Effects  that  may  reasonably  be  expected  to 
flow  from  them,  not  only  to  the  Colonies  but  the  Parent  State, 
were  so  obvious, "that  the  House  immediately  adopted  them; 
and  appointed  a  Committee  to  keep  up  and  maintain  a  free 
Communication  with  Virginia  and  the  Rest  of  the  Sister 
Colonies. 

******* 
[Similar  replies  from  other  colonies.] 

124.    Tea  Riots 

From  a  Philadelphia  Handbill  to  the  Delaware  Pilots,  September, 
1773,  given  in  Scharf  and  Westcott's  History  of  Philadelphia,  I,  286. 

.  .  .  We  need  not  point  out  to  you  the  steps  you  ought  to 
take  if  the  tea-ship  falls  in  your  way.  You  cannot  be  at  a  loss 


TEA   RIOTS  395 

how  to  prevent,  or  if  that  cannot  be  done,  how  to  give  the 
merchants  of  the  city  timely  notice  of  her  arrival.  But  this 
you  may  depend  upon,  that  whatever  pilot  brings  her  into  the 
river,  such  pilot  will  be  marked  for  his  treason.  .  .  .  Like  Cain, 
he  will  be  hung  out  as  a  spectacle  to  the  nations,  and  be  for 
ever  recorded  as  the  damned  traitorous  pilot  who  brought  up  the 
tea-ship.  .  .  . 
(Signed)  THE  COMMITTEE  FOR  TARRING  AND  FEATHERING. 

[Another  broadside  was  addressed  as  a  warning  to  Captain  Ayers  of 
the  expected  tea-ship.  "  "What  think  you,  Captain,  of  a  Halter  round 
your  Neck,  ten  gallons  of  liquid  Tar  decanted  on  your  Pate,  with  the 
feathers  of  a  doxen  wild  Geese  lain  over  that,  to  enliven  your  appear 
ance?" 

All  this  activity  preceded  the  Boston  "  Tea-Party."  The  Philadelphia 
ship,  however,  did  not  arrive  until  some  weeks  after  she  was  expected  — 
on  Christmas  Day  at  Gloucester  Point,  near  the  city.  The  Captain  was 
escorted  to  the  city,  where  a  mass  meeting  of  8000  people  persuaded  him 
to  sail  at  once  for  England,  without  breaking  cargo.] 


XXII.     RISE    OF   REVOLUTIONARY   GOVERNMENTS 

The  colonies  between  1768  and  1773  had  each  organized,  more  or  less 
perfectly,  local  committees  —  town  or  county  —  to  enforce  non-importa 
tion  agreements,  and  these  committees  often  acted  as  "committees  of 
correspondence  "  to  organize  the  province  as  a  unit  for  action.  Then  in 
1773  the  Intercolonial  Committees  (No.  123)  gave  the  germ  of  a  stand 
ing  continental  union. 

"The  next  step  toward  revolutionary  government  was  to  develop 
from  the  local  committees  the  Provincial  Congresses  in  individual  colonies, 
and  from  the  intercolonial  committees  of  the  continent  a  Continental 
Congress.  These  things  developed  in  the  summer  and  fall  of  1774,  as  the 
result  of  three  events  :  (i)  the  attempt  of  the  ministry  to  force  taxed  tea 
down  the  throats  of  the  colonists  [see  §  121  for  colonial  resistance];  (2) 
the  rather  animated  protest  of  the  Boston  Tea  Party;  and  (3)  the 
punishment  of  Boston  by  the  Port  Bill. "  (American  History  and  Govern 
ment,  §  141.  Cf.  remainder  of  the  same  section  for  additional  explanation.) 

The  documents  for  this  period  are  very  numerous,  and  many  of  the 
most  valuable  are  not  suitable  for  condensation  and  are  too  long  for  in 
sertion  here.  It  has  seemed  well  to  draw  primarily  upon  one  colony ; 
and  Virginia  has  been  selected,  partly  because  of  her  leadership,  partly 
because  her  documents  excel  in  form. 

126.  The  Virginia  Burgesses  suggest  an  Annual  Continental  Congress 

A  detailed  account  is  given  in  American  History  and  Government, 
§  141. 

a.  Extract  from  a  Letter  by  a  Member  of  the  Assembly  to 
a  London  Friend 

Force's  American  Archives,  Fourth  Series,  I,  340.  The  Assembly  had 
met  May  6.  Very  little  business  had  been  transacted  when  the  news  of 
the  Boston  Port  Bill  arrived  ;  but  Virginia  had  been  in  high  good  humor 
with  her  governor,  and  the  Burgesses  had  appointed  May  30  for  a  great 
state  ball,  in  honor  of  the  governor's  wife,  the  Lady  Countess  of  Dunmore, 
just  arrived  from  England. 

396 


VIRGINIA  SUGGESTS  ANNUAL  CONGRESSES      397 

WILLIAMSBURG,  May  20,  1774. 

Infinite  astonishment,  and  equal  resentment,  has  seized  every 
one  here  on  account  of  the  war  sent  to  Boston.  It  is  the  univer 
sal  determination  to  stop  the  exportation  of  tobacco,  pitch,  tar, 
lumber,  etc.,  and  to  stop  all  importation  from  Britain  while 
this  act  of  hostility  continues.  We  every  day  expect  an  express 
from  Boston,  and  it  appears  to  me  incontestabl[y]  certain,  that 
the  above  measures  will  be  universally  adopted.  We  see  with 
concern,  that  this  plan  will  be  most  extensively  hurtful  to  our 
fellow-subjects  in  Britain;  nor  would  we  have  adopted  it,  if 
Heaven  had  left  us  any  other  way  to  secure  our  liberty,  and  pre 
vent  the  total  ruin  of  ourselves  and  our  posterity  to  endless 
ages.  A  wicked  Ministry  must  answer  for  all  the  consequences. 
I  hope  the  wise  and  good  on  your  side  will  pity  and  forgive  us. 
The  House  is  now  pushing  on  the  public  business  for  which  we 
were  called  here  at  this  time  ;  but  before  we  depart,  our  measures 
will  be  settled  and  agreed  on.  The  plan  proposed  is  extensive ; 
it  is  wise,  and  I  hope,  under  God,  it  will  not  fail  of  success. 
America  possesses  virtue  unknown  and  unfelt  by  the  abom 
inable  sons  of  corruption  who  planned  this  weak  and  wicked 
enterprise. 

b.  Thorn  xs  Jefferson's  Account  of  the  Feeling  aroused  by 
News  of  the  Port  Bill,  and  of  tfo  Action  taken  Thereon 

Works,  Washington  edition,  I,  6,  7.  The  Autobiography  in  which 
this  passage  occurs  was  composed  many  years  after  the  event. 

The  lead  in  the  House  .  .  .  being  no  longer  left  to  the 
old  members,  Mr.  Henry,  R.  H.  Lee,  Fr.  L.  Lee,  three  or  four 
other  members  whom  I  do  not  recollect,  and  myself,  agreeing 
that  we  must  boldly  take  an  unequivocal  stand  in  the  line  with 
Massachusetts,  determined  to  meet  and  consult  on  proper  meas 
ures  .  .  .  We  were  under  conviction  of  the  necessity  of  arous 
ing  our  people  .  .  .  and  thought  that  ...  a  day  of  general  fast 
ing  and  prayer  would  be  most  likely  to  ...  alarm  their  atten 
tion.  No  example  of  such  a  solemnity  had  existed  since  ,  ,  , 


398  REVOLUTIONARY  GOVERNMENTS 

our  distresses  in  the  war  of  of  '55,  since  which  a  new  generation 
had  grown  up.  With  the  help,  therefore,  of  Rushworth  [His 
torical  Collections'],  whom  we  rummaged  over  for  the  revolution 
ary  precedents  and  forms  of  the  Puritans  of  that  day  [England, 
in  the  Seventeenth  century],  we  cooked  up  a  resolution,  some 
what  modernizing  the  phrases,  for  appointing  the  first  day  of 
June,  on  which  the  Port  Bill  was  to  commence,  as  a  day  of  fast 
ing,  humiliation,  and  prayer.  ...  To  give  greater  emphasis 
to  our  proposition,  we  agreed  to  wait  the  next  morning  on  Mr- 
Nicholas,  whose  grave  and  religious  character  was  more  in  \\rn- 
son  with  the  tone  of  our  resolution,  and  to  solicit  him  to  move 
it  ...  He  moved  it  the  same  day  .  .  .  and  it  passed  without 
opposition  [c,  below.] 

c.  Resolution  of  the  Burgesses 
Journals  of  the  House  of  Burgesses,  1773-1776,  123-136. 

Tuesday,  the  24th  of  May.  14  Geo.  III.     1774. 

#  #  *  *  *  *  * 

This  House,  being  deeply  impressed  with  apprehension  of 
the  great  dangers,  to  be  derived  to  british  America,  from  the 
hostile  Invasion  of  the  City  of  Boston,  in  our  Sister  Colony  of 
Massachusetts  bay,  whose  commerce  and  harbour  are,  on  the 
first  Day  of  June  next,  to  be  stopped  by  an  Armed  force,  deem 
it  highly  necessary  that  the  said  first  day  of  June  be  set  apart, 
by  the  Members  of  this  House,  as  a  day  of  Fasting,  Humiliation, 
and  Prayer,  devoutly  to  implore  the  divine  interposition  for 
averting  the  heavy  Calamity  which  threatens  destruction  to  our 
Civil  Rights,  and  the  Evils  of  civil  War ;  to  give  us  one  heart 
and  one  Mind  firmly  to  oppose,  by  all  just  and  proper  means, 
every  injury  to  American  Rights ;  and  that  the  Minds  of  his 
Majesty  and  his  Parliament,  may  be  inspired  from  above  with 
Wisdom,  Moderation,  and  Justice,  to  remove  from  the  loyal 
People  of  America  all  cause  of  danger  from  a  continued  pursuit 
of  Measures  pregnant  with  their  ruin. 


VIRGINIA  SUGGESTS  ANNUAL  CONGRESSES      399 


d,  Dissolution 

Thursday,  the  26th  of  May.  14  Geo.  III.  1774. 

The  Order  of  the  Day  being  read  ; 

Mr.  Speaker  laid  before  the  House  the  Letters  from  the 
Speakers  of  the  lower  Houses  of  Assembly  of  the  british 
Colonies  in  America,  with  other  Papers,  upon  the  subject 
matter,  which  were  referred  to  the  standing  Committee  of 
Correspondence  and  Inquiry. 

And  the  said  Letters  and  Papers  were  read. 

Resolved,  that  the  said  Letters  and  Papers  be  taken  into 
Consideration  upon  this  Day  Sevenight.  .  .  . 

A  Message  from  the  Governor  by  Mr.  Blair: 

11  Mr.  Speaker :  the  Governor  commands  this  House  to  attend 
his  Excellency  immediately,  in  the  Council  Chamber." 

Accordingly  Mr.  Speaker  with  the  House,  went  up  to  attend 
his  Excellency  in  the  Council  Chamber,  where  his  Excellency 
was  pleased  to  say  to  them. 

"  Mr.  Speaker  and  Gentlemen  of  the  House  of  Burgesses, 

"I  have  in  my  hand  a  Paper  published  by  Order  of  your 
House,  conceived  in  such  Terms  as  reflect  highly  upon  his 
Majesty  and  the  Parliament  of  Great  Britain ;  which  makes 
it  necessary  for  me  to  dissolve  you;  and  you  are  dissolved 
accordingly." 

e.    Virginia  Ex-burgesses  propose  an  Annual  Continen 
tal  Congress 

Journals  of  the  House  of  Burgesses,  1773-1776,  xiii,  xiv. 
This  is  the  first  such  proposal  by  any  body  of  men  so  nearly  approach 
ing  a  "government." 

.  .  .  an  Association  signed  by  eighty  nine  members  of  the 
House  of  Burgesses,  in  session  in  the  old  Raleigh  Tavern  in 
Williamsburg,  on  May  27th,  1774: 

We  his  Majesty's  most  dutiful  and  loyal  subjects,  the  late 


400  REVOLUTIONARY  GOVERNMENTS 

representatives  of  the  good  people  of  this  country,  having 
been  deprived  by  the  sudden  interposition  of  the  executive 
part  of  this  government  from  giving  our  countrymen  the 
advice  we  wished  to  convey  to  them  in  a  legislative  capacity, 
find  ourselves  under  the  hard  necessity  of  adopting  this,  the 
only  method  we  have  left,  of  pointing  out  to  our  countrymen 
such  measures  as  in  our  opinion  are  best  fitted  to  secure  our 
dearest  rights  and  liberty  from  destruction,  by  the  heavy 
hand  of  power  now  lifted  against  North  America :  With  much 
grief  we  find  that  our  dutiful  applications  to  Great  Britain 
for  security  of  our  ancient  and  constitutional  rights,  have 
been  not  only  disregarded,  but  that  a  determined  system  is 
formed  and  pressed  for  reducing  the  inhabitants  of  British 
America  to  slavery  by  subjecting  them  to  the  payment 
of  taxes  imposed  without  the  consent  of  the  people  or 
their  representatives ;  and  that  in  pursuit  of  this  system, 
we  find  an  act  of  the  British  parliament,  lately  passed,  for 
stopping  the  harbour  and  commerce  of  the  town  of  Boston,  in 
our  sister  colony  of  Massachusetts  Bay,  until  the  people  there 
submit  to  the  payment  of  such  unconstitutional  taxes,  and 
which  act  most  violently  and  arbitrarily  deprives  them  of 
their  property,  in  wharfs  erected  by  private  persons,  at  their 
own  great  and  proper  expense,  which  act  is,  in  our  opinion, 
a  most  dangerous  attempt  to  destroy  the  constitutional  liberty 
and  rights  of  all  North  America.  It  is  further  our  opinion, 
that  as  Tea,  on  its  importation  into  America,  is  charged  with 
a  duty  imposed  by  parliament  for  the  purpose  of  raising  a 
revenue,  without  the  consent  of  the  people,  it  ought  not  to 
be  used  by  any  person  who  wishes  well  to  the  constitutional 
rights  and  liberty  of  British  America.  And  whereas  the  India 
Company  have  ungenerously  attempted  the  ruin  of  America 
by  sending  many  ships  loaded  with  tea  into  the  colonies, 
thereby  intending  to  fix  a  precedent  in  favor  of  arbitrary 
taxation,  we  deem  it  highly  proper,  and  do  accordingly  rec 
ommend  it  strongly  to  our  countrymen,  not  to  purchase  or  use 
any  kind  of  East  India  commodity  whatsoever,  except  salt- 


VIRGINIA  SUGGESTS  ANNUAL  CONGRESSES       401 

petre  and  spices,  until  the  grievances  of  America  are  redressed. 
We  are  further  clearly  of  opinion,  that  an  attack,  made  on 
one  of  our  sister  colonies  to  compel  submission  to  arbitrary 
taxes,  is  an  attack  made  on  all  British  America,  and  threatens 
ruin  to  the  rights  of  all,  unless  the  united  wisdom  of  the 
whole  be  applied.  And  for  this  purpose  it  is  recommended  to 
the  Committee  of  Correspondence,  that  they  communicate,  with 
their  several  corresponding  committees,  on  the  expediency  of 
appointing  deputies  from  the  several  colonies  of  British  America, 
to  meet  in  general  congress,  at  such  place  annually  as  shall  be 
thought  most  convenient ;  there  to  deliberate  on  those  general 
measures  which  the  united  interests  of  America  may  from  time 
to  time  require.1 

/.  Letters  from  the  Virginia  Committee  of  Correspond 
ence,  according  to  direction  above 
Journals  of  the  House  of  Burgesses,  1773-1776,  138. 
At  a  Committee  of  Correspondence  held  in  Williamsburg  on 
Saturday  the  28th  May,  1774. 

Present 

The  honorable  Peyton  Randolph,  Esquire 
Robert  C.  Nicholas,  Richard  Bland, 
Edmund  Pendleton,  Benjamin  Harrison, 
Richard  Henry  Lee,  Dudley  Diyges 
and  TJiomas  Jefferson,  Esquires. 

Ordered,  that  Letters  be  prepared  to  the  several  Committees 
of  Correspondence  requesting  their  Sentiments  on  the  Appoint 
ments  of  Deputies  from  the  several  Colonies  to  meet  annually 
in  general  Congress.  ...  A  Letter  was  accordingly  prepared 
to  the  Committee  of  Correspondence  for  Maryland,  which  being 
read  and  approved  of  the  Committee  is  as  follows : 

1 A  letter  from  Richard  Henry  Lee  to  Samuel  Warren  (June  23)  states  that 
he  had  intended  to  present  such  a  resolution  in  the  Assembly,  but,  on  advice 
of  friends,  waited  for  the  completion  of  important  business,  —  and  then  came 
the  dissolution.  Washington  went  from  this  meeting,  over  which  he  had 
presided,  to  dine  with  Lord  and  Lady  Dunmore.  The  tone  of  Virginia  inter 
course  with  the  governor  remains  suave  for  some  time. 


402  REVOLUTIONARY  GOVERNMENTS 

Williamsburg,  May  28th  1774. 
Gentlemen. 

The  inclosed  Papers  will  explain  to  you  our  present  political 
State  here,  with  respect  to  the  unhappy  Dispute  with  our 
Mother  Country.  The  Propriety  of  appointing  Deputies  from 
the  several  Colonies  of  British  America  to  meet  annually  in 
general  Congress,  appears  to  be  a  Measure  extremely  impor 
tant  and  extensively  useful,  as  it  tends  so  effectually  to  obtain 
the  united  Wisdom  of  the  Whole,  in  every  Case  of  General 
Concern.  We  are  desired  to  obtain  your  Sentiments  on  this 
Subject  which  you  will  be  pleased  to  furnish  us  with.  Being 
very  desirous  of  communicating  to  you  the  Opinion  and  Con 
duct  of  the  late  Representatives  on  the  present  Posture  of 
American  Affairs  as  quickly  as  possible  we  beg  Leave  to  refer 
you  to  a  future  Letter  on  these  Subjects. 

We  are,  with  great  Respect, 

Your  most  obedient  Servants, 

Peyton  Randolph. 

Robert  C.  Nicholas. 

Dudley  Digges. 

To  the  Committee  of  Correspondence  for  Maryland. 

Also  Letters  of  the  same  Import,  to  the  Committe  of  Corre 
spondence  for  Pennsylvania,  New  Jersey,  Massachuset's  Bay, 
Connecticut,  New  Hampshire,  Rhode  Island,  [Delaware],  North 
Carolina,  South  Carolina,  and  Georgia. 

Ordered,  that  the  said  Letters  be  sent  by  this  Day's  Post. 

[On  the  arrival  of  these  letters  in  Maryland,  a  Baltimore  town 
meeting  (May  31)  called  a  Provincial  Assembly,  to  appoint 
delegates  to  the  proposed  Continental  Congress.  Other 
counties  took  like  action ;  and  (June  22,  before  the  time 
set  for  the  Virginia  Convention),  the  Maryland  Convention  met 
and  named  representatives.  Two  days  earlier  still,  action  had 
been  taken  in  Rhode  Island,  after  receipt  of  the  Virginia 
suggestion,  as  appears  below.] 


VIRGINIA  SUGGESTS  ANNUAL  CONGRESSES      403 

Answer  to   Virginia  from  the  Rhode  Island  Assembly 

[.with  Appointment  of  Delegates] 
Journals  of  the  House  of  Burgesses,  1773-1776,  152-153. 

New  Port  June  20.  1774. 
Sir, 

Agreeable  to  the  Directions  of  the  General  Assembly  I  have  the 
honor  to  inclose  you  a  Copy  of  certain  Resolutions  entered  into  by 
them  respecting  the  very  alarming  Situation  of  the  Colonies. 

I  have  also  to  inform  you  that  upon  this  Occasion  the  Assembly 
have  adjourned  to  the  fourth  Monday  in  August  next. 
I  am  tuith  very  great  Regard, 

Sir,  your  most  humble  Servant. 

Metcalf  Bowler. 

Speaker. 

Resolutions  inclosed. 

At  the  general  Assembly  of  the  Governor  and  Company  of 
the  English  colony  of  Rhode  Island  and  Providence  Planta 
tions  in  New  England  in  America  begun  and  liolden  by  Adjourn 
ment  at  Newport  within  and  for  the  said  Colony  on  the  second 
Monday  in  June  in  the  Year  of  our  LORD  one  thousand  seven 
hundred  and  seventy  four  and  fourteenth  of  the  Reign  of  his 
most  sacred  Majesty  George  the  third  by  the  grace  of  GOD 
king  of  Great  Britain  etc. 

This  Assembly  taking  into  the  most  serious  Consideration  sev 
eral  Acts  of  the  British  Parliament  for  levying  Taxes  upon 
his  Majesty's  Subjects  in  America  without  their  Consent,  and 
particularly  an  Act  lately  passed  for  blocking  up  the  Port  of 
Boston,  which  Act  even  upon  the  Supposition  that  the  People 
of  Boston  had  justly  deserved  Punishment,  is  scarcely  to  be 
parallelled  in  History  for  the  Severity  of  the  Vengeance  ex 
ecuted  upon  them ;  and  also  considering  to  what  a  deplorable 
State  this  and  the  other  Colonies  are  reduced,  when  by  an  Act 
of  Parliament  in  which  the  Subjects  in  America  have  not 
a  single  Voice,  and  without  being  heard,  they  may  be  divested 
of  Property  and  deprived  of  Liberty,  do  upon  mature  Deliber 
ation,  resolve 


404  REVOLUTIONARY  GOVERNMENTS 

TJiat  it  is  the  Opinion  of  this  Assembly  that  a  firm  and 
inviolable  Union  of  all  the  Colonies  in  Counsels  and  Measures 
is  absolutely  necessary  for  the  preservation  of  their  Rights 
and  Liberties ;  and  that  for  that  purpose,  a  Convention  of  the 
Representatives  from  all  the  Colonies  ought  to  be  holden  in 
some  suitable  Place,  as  soon  as  may  be,  in  Order  to  consult 
upon  proper  Measures  to  obtain  a  Repeal  of  the  said  Act,  and 
to  establish  the  Rights  and  Liberties  of  the  Colonies  upon  a 
just  and  solid  Foundation. 

That  the  honorable  Stephen  Hopkins  and  the  honorable  Sam 
uel  Ward  Esquires  be  and  they  are  hereby  appointed  by  this 
Assembly  to  represent  the  People  of  this  Colony  in  a  general 
Congress  of  Representatives  from  the  other  Colonies  at  such 
Time  and  place  as  shall  be  agreed  upon  by  the  major  part  of 
the  Committees  appointed  or  to  be  appointed  by  the  Colonies  in 
general. 

That  they  consult  and  advise  with  the  Representatives  of  the 
other  Colonies  who  shall  meet  in  such  Congress  upon  a  loyal 
and  dutiful  Petition  and  Remonstrance  to  be  presented  to  his 
Majesty  as  the  united  Voice  of  his  faithful  Subjects  in  America 
setting  forth  the  grievances  they  labour  under,  and  praying 
his  gracious  Interposition  for  their  Relief :  And  that  in  Case  a 
major  part  of  the  Representatives  of  all  the  Colonies  shall  agree 
upon  such  Petition  and  Remonstrance  they  be  empowered  to 
sign  the  same  on  behalf  of  this  Colony. 

That  they  also  consult  upon  all  such  reasonable  and  lawful 
Measures  as  may  be  expedient  for  the  Colonies,  in  an  united 
Manner  to  persue  in  Order  to  procure  a  Redress  of  their  Griev 
ances,  and  to  ascertain  and  establish  their  Rights  and  Liberties. 

Tliat  they  also  endeavor  to  Procure  a  regular  annual  Conven 
tion  of  Representatives  from  all  the  Colonies  to  consider  of 
Proper  Means  for  the  preservation  of  the  Rights  and  Liberties 
of  the  Colonies.  .  .  .* 

(Witnessed)  Henry  Ward,  Secfy. 

1  The  resolutions  so  reported  on  June  20  to  the  Virginia  committee,  had 
been  adopted  on  the  15th.  Rhode  Island,  therefore,  was  the  first  colony  to  ap- 


OTHER  CALLS  FOR  A  CONGRESS      405 

126.    Another  "Call"  for  the  Continental  Congress 

June  17,  1774,  the  Massachusetts  House  of  Representatives,  under  the 
lead  of  Samuel  Adams  (and  after  a  carefully  planned,  secret  campaign), 
adopted  the  following  resolutions. 

That  a  meeting  of  committees  from  the  several  colonies  on 
this  continent  is  highly  expedient  and  necessary,  to  consult 
upon  the  present  state  of  the  colonies,  and  the  miseries  to 
which  they  are  and  must  be  reduced  by  the  operation  of  certain 
acts  of  Parliament  respecting  America,  and 'to  deliberate  and 
determine  upon  wise  and  proper  measures,  to  be  by  them  recom 
mended  to  all  the  colonies,  for  the  recovery  and  establishment 
of  their  just  rights  and  liberties,  civil  and  religious,  and  the 
restoration  of  union  and  harmony  between  Great  Britain  and 
the  colonies,  most  ardently  desired  by  all  good  men  :  Therefore, 
resolved,  that  the  Hon.  James  Bowdoin,  Esq.,  the  Hon. 
Thomas  Gushing,  Esq.,  Mr.  Samuel  Adams,  John  Adams  and 
Robert  Treat  Paine,  Esqrs.,  be,  and  they  are  hereby  appointed 
a  committee  on  the  part  of  this  province,  for  the  purposes 
aforesaid,  any  three  of  whom  to  be  a  quorum,  to  meet  such 
committees  or  delegates  from  the  other  colonies  as  have  been 
or  may  be  appointed,  either  by  their  respective  houses  of 
burgesses  or  representatives,  or  by  convention,  or  by  the  com 
mittees  of  correspondence  appointed  by  the  respective  houses 
of  assembly,  in  the  city  of  Philadelphia,  or  any  other  place  that 
shall  be  judged  most  suitable  by  the  committee,  on  the  1st 
day  of  September  next;  and  that  the  speaker  of  the  house  be 
directed,  in  a  letter  to  the  speakers  of  the  houses  of  burgesses 
or  representatives  in  the  several  colonies,  to  inform  them  of 
the  substance  of  these  resolves. 

[This  is  often  referred  to  as  "  the  call  "  for  the  Continental  Congress. 
It  was  the  first  action  by  a  colonial  legislature  in  regular  session.  It  did 
not,  however,  have  "  legal "  validity  under  the  Charter  to  which  the  men 
of  Massachusetts  constantly  appealed.  That  charter  (1691)  required  the 

point  delegates.    The  resolutions,  of  course,  are  given  also  in  the  Rhode  Island 
Colonial  Records. 


406  REVOLUTIONARY   GOVERNMENTS 

assent  of  the  upper  House  and  the  approval  of  the  governor  for  every 
resolution  and  every  appointment  ;  and  these  elements,  of  course,  were 
lacking.  The  dramatic  story  of  Sain  Adams'  plot  is  well  told  in  many 
places, — notably  in  Dr.  Hosmer's  Samuel  Adams.'} 

127.  A  Virginia  County  Suggests   a  Continental  Congress  and  a 
General  Association 

Force,  American  Archives,  Fourth  Series,  I,  392-393. 

At  a  Meeting  of  the  Freeholders  and  other  Inhabitants  of 
the  County  of  Frederick,  in  Virginia  .  .  .  the  8th  day  of  June, 
1774  [to  consider  the  Boston  Port  Bill]. 

The  Reverend  Charles  M.  Thurston,  Moderator. 

A  Committee  of  the  following  gentlemen,  viz:  the  Reverend 
Charles  M.  Thurston,  Isaac  Zane,  George  Rootes,  Angus 
McDonald,  Alexander  White,  George  Johnston,  and  Samuel 
Beall,  3d,  were  appointed  to  draw  up  Resolves  suitable  to  the 
same  occasion,  who,  withdrawing  for  a  short  time,  returned 
with  the  following  votes,  viz: 

Voted,  1st.  That  we  will  always  cheerfully  pay  due  sub 
mission  to  such  Acts  of  Government  as  his  Majesty  has  a 
right  by  law  to  exercise  over  his  subjects,  as  Sovereign  of  the 
British  Dominions,  and  to  such  only. 

2d.  That  it  is  the  inherent  right  of  British  subjects  to  be 
governed  and  taxed  by  Representatives  chosen  by  themselves 
only ;  and  that  every  Act  of  the  British  Parliament  respecting 
the  internal  policy  of  Korth  America,  is  a  daring  and  uncon 
stitutional  invasion  of  our  said  rights  and  privileges. 

3d.  That  the  Act  of  Parliament  above  mentioned  is  not  only 
in  itself  repugnant  to  the  fundamental  law  of  natural  justice, 
in  condemning  persons  for  a  supposed  crime  unheard,  but  also 
a  despotic  exertion  of  unconstitutional  power,  calculated  to  enslave 
a  free  and  loyal  people. 

4th.  That  the  enforcing  the  execution  of  the  said  Act  of  Parlia 
ment  by  a  military  power,  will  have  a  necessary  tendency  to  raise  a 
civil  war,  thereby  dissolving  that  union  which  has  so  long  happily  sub 
sisted  between  the  mother  country  and  her  Colonies ;  .  .  . 


VIRGINIA'S  FIRST  PROVINCIAL  CONVENTION     407 

5th.  It  is  the  unanimous  opinion  of  this  meeting,  that  a 
joint  resolution  of  all  the  Colonies  to  stop  all  importations 
from  Great  Britain,  and  exportations  to  it,  till  the  said  Act 
shall  be  repealed,  will  prove  the  salvation  of  North  America 
and  her  liberties.  .  .  . 

7th.  That  it  is  the  opinion  of  this  meeting  that  Committees 
ought  to  be  appointed  for  the  purpose  of  effecting  a  general  Asso 
ciation,  that  the  same  measures  may  be  pursued  through  the  whole 
Continent.  That  the  Committees  ought  to  correspond  with  each 
other,  and  to  meet  at  such  places  and  times  as  shall  be  agreed  on,  in 
order  to  form  such  General  Association,  and  that  when  the  same 
shall  be  formed  and  agreed  on  by  the  several  Committees,  we  will 
strictly  adhere  thereto ;  and  till  the  general  sense  of  the  Continent 
shall  be  known,  we  do  pledge  ourselves  to  each  other  and  our  coun 
try,  that  we  will  inviolably  adhere  to  the  votes  of  this  day. 

8th.  That  Charles  M.  Thurston,  Isaac  Zane,  Angus  Mc 
Donald,  Samuel  Beall,  3d,  Alexander  White,  and  George  Rootes, 
be  appointed  a  Committee  for  the  purposes  aforesaid  ;  and  that 
they  or  any  three  of  them,  are  hereby  fully  empowered  to  act. 

Which  being  read,  were  unanimously  assented  to  and  sub 
scribed.  . 

[This  meeting  makes  no  reference  to  the  action  of  the  ex-Burgesses  at 
William sburg  some  ten  days  before,  but  probably  it  originated  from  that 
action.] 

128.   The  First  Call  for  a  Provincial  Convention  (Virginia) 

a.  Suggestion  from  the  EJC- Burgesses  (May  30,  17 7 If) 

Force,  American  Archives,  Fourth  Series,  I,  p.  351. 

The  ex-Burgesses,  many  of  them,  remained  in  Williamsburg  to  attend 
the  state  ball  on  the  30th  and  for  the  day  of  prayer,  June  1  (of.  No.  122  c). 
On  the  day  after  the  call  for  a  Continental  Congress  (May  29),  letters 
arrived  from  committees  of  correspondence  in  the  northern  colonies,  as 
below  noted  ;  and  the  following  day,  twenty-five  of  the  ex-Burgesses  called 
a  meeting  of  the  whole  number  for  August  1,  as  below.  That  meeting 
was  expanded  into  a  true  representative  convention  by  modifications  in 


408  REVOLUTIONARY  GOVERNMENTS 

the  plan  indicated  in  b  and  c  below.  Force  does  not  indicate  the  source 
of  the  following  statement ;  but  presumably  it  was  printed  by  order  of 
the  meeting  in  the  Williamsburg  papers.  Such  proceedings  were  ordered 
printed  in  almost  every  case  by  the  various  county  meetings  ;  but  the 
clause  referring  to  printing  is  usually  omitted  in  these  extracts. 

.  .  .  Immediately  upon  receipt  of  these  letters  the  Honorable 
Peyton  Randolph,  Esquire,  moderator  of  the  Committee  of  the 
late  House  of  Representatives,  thought  it  proper  to  convene  all 
the  members  that  were  then  in  town;  who  on  considering  those 
important  papers  [suggesting  the  need  of  uniform  action  in  the 
various  colonies],  came  to  a  resolution  to  call  together  several 
other  members  near  this  city,  to  whom  notice  could  be  given. 
[Twenty-five  of  them  met  next  day,  Monday,  May  30,  at  ten 
o'clock,  when]  it  was  unanimously  agreed  to  refer  the  further 
consideration  of  this  matter  to  the  Jirst  day  of  August  next;  at 
which  time  it  is  expected  there  will  be  a  very  general  attend 
ance  of  the  late  members  of  the  House.  .  .  . 

[This  notice  is  referred  to  in  a  letter  of  June  23  by  Richard  Henry  Lee 
to  Samuel  Adams  as  follows,  after  describing  the  meeting  of  the  ex-Bur 
gesses  on  May  27  —  No.  125,  e.~\  .  .  .  "  Most  of  the  members,  myself  among 
the  rest,  had  left  Williamsburg  before  your  message  from  Boston  arrived. 
Twenty-five  of  them,  however,  were  assembled  to  consider  that  message, 
and  they  determined  to  invite  a  general  meeting  of  the  whole  body  on  the 
first  of  August."  (Force,  Fourth  Series,  I,  446.) 

[Presumably  the  committee  of  correspondence  sent  out  a  circular  letter 
to  the  various  counties.  The  editor  of  this  volume  has  not  been  able 
to  find  any  such  letter,  but  some  of  the  documents  just  following  assume 
such  action.  After  June  1,  the  remaining  ex-Burgesses  at  Williamsburg 
departed  home,  in  order  to  arouse  their  respective  counties  to  appoint 
delegates  for  the  August  convention.] 

b.  Sample  Notice  to  a  Virginia  County  by  an  Ex-Burgess 

Force,  American  Archives,  Fourth  Series,  I,  418.  Thomas  Mason 
writes  from  Williamsburg  on  June  16,  portraying  the  situation,  through 
several  pages.  Only  the  close  of  the  letter  is  given  here. 

If  the  governour  should  be  restrained  by  the  instructions  of 
a  wicked  Minister  from  relieving  the  distresses  of  the  Colony 


VIRGINIA'S   FIRST   PROVINCIAL  CONVENTION     409 

by  calling  an  Assembly,  immediately,  and  writs  should  not  be 
issued  for  that  purpose  before  the  1st  day  of  July,  I  advise 
the  freeholders  of  each  county  in  the  Colony  to  convene 
themselves  and  choose  two  of  the  most  able  and  discreet  of 
their  inhabitants  to  accompany  and  assist  their  late  Repre 
sentatives  at  the  meeting  at  Williamsburg,  on  the  1st  of 
August ;  and  let  the  whole  Colony  unanimously  support  what 
ever  may  be  there  resolved  upon. 

[Lord  Dunmore  did  issue  writs  that  same  day  for  a  new  Assembly,  to 
meet  August  11.  No  doubt  he  hoped  this  would  induce  the  Virginia 
counties  not  to  appoint  delegates  to  the  meeting  called  for  August  1. 
Such  a  purpose  was  suspected  and  defeated.  (See  below,  §  129,  a). 

Some  counties  sent  only  their  ex-burgesses  to  the  August  Convention  j 
some  elected  new  burgesses  for  the  Assembly  called  for  August  11,  but 
instructed  them  to  attend  the  Convention  also  on  the  1st ;  and  some  (as 
Mason  suggested)  sent  not  only  their  "burgesses,"  but  also  certain  ad 
ditional  deputies.] 

c.  Sample  Call  for  a  County  Meeting  to  give  Instructions 
for  tJie  August  Convention 

Force,  American  Archives,  Fourth  Series,  I,  451. 

At  a  meeting  of  the  Committee  of  Correspondence  for  Norfolk 
.  .  .  held  at  the  Court  House,  on  Monday,  the  27th  day  of  June, 
1774-  Present  [six  names']. 

Voted  That  the  Freeholders  and  Inhabitants  of  the  County 
and  Borough  of  Norfolk  be  earnestly  requested  to  attend  at 
the  Court  House  of  the  said  County  on  Wednesday,  the  6th 
day  of  July  next,  at  ten  o'clock  in  the  forenoon,  that  the  late 
Burgesses  may  collect  their  sentiments  previous  to  the  meet 
ing  appointed  to  be  held  at  Williamsburg,  on  the  1st  day  of 
August  next. 

William  Davis,  Clerk. 

As  late  Burgesses  for  Norfolk  ...  we  heartily  concur  .  .  . 
with  the  Committee  of  Correspondence,  and  propose  to  attend 
at  the  time  appointed.  [Signatures  of  the  ex-burgesses  for  the 
County.] 


410  REVOLUTIONARY  GOVERNMENTS 

[The  meeting  was  held  at  the  appointed  time  (Force,  IV,  1,  518),  and 
adopted  ten  resolutions  —  directing  "our  late  Burgesses"  to  attend  the 
Williamsburg  Convention  on  August  1  ;  to  try  to  secure  a  "  general  asso 
ciation  "  there  for  the  Colony  of  Virginia,  "  against  all  importations  and 
exportations  (medicines  excepted)  to  and  from  Great  Britain"  ;  to  try  to 
extend  such  association  against  every  part  of  the  colonies  which  should  re 
fuse  to  accept  the  measure  ;  and  to  secure  the  appointment  in  each  County 
of  Virginia  of  a  Committee  "of  respectable  men  ...  to  prevent  any 
breach  of  such  .  .  .  Association  as  may  be  adopted."] 

129.   Typical  Virginia  County   Instructions   to  Delegates  to  the 
First  Provincial  Convention 

Force  has  preserved  records  of  meetings  in  thirty-one  Virginia  counties, 
to  appoint  and  instruct  delegates  to  the  Provincial  Convention  called 
for  the  1st  of  August.  Many  of  these  sets  of  instructions  rank  as  great 
state  papers,  quite  equal  in  logic,  rhetoric,  and  statesmanship  to  the  docu 
ments  put  forth  by  the  Continental  Congress  three  months  later  at 
Philadelphia.  The  Fairfax  County  resolutions,  which  are  given  in  about 
a  third  part  below,  seem  to  have  been  in  exceptional  degree  the  model 
for  the  resolutions  adopted  by  the  August  Convention,  which,  in  turn, 
with  the  same  Fairfax  document,  must  have  been  before  the  com 
mittees  of  the  Continental  Congress  which  drew  up  the  famous  documents 
issued  by  that  body. 

Brief  extracts  from  a  few  other  Virginia  county  resolutions  follow 
the  main  document  («),  to  show  the  drift  of  feeling  in  certain  plain 
matters.  When  the  exact  location  in  Force  is  omitted,  to  save  space, 
it  can  readily  be  found  from  the  index  to  that  work. 

Virginia  Counties  appoint  Delegates  to  the  First  Vir 
ginia  Convention 

a.  Westmoreland  County  ( Virginia)  Resolutions 
Force,  American  Archives,  Fourth  Series,  I,  437,  438. 

At  a  respectable  Meeting  of  the  Freeholders  and  other  Inhabit 
ants  of  the  County  of  Westmoreland,  assembled  on  due  notice, 
at  the  Court  House  of  the  said  County,  on  Wednesday,  the 
22d  of  June,  1774. 

[The  Reverend  Mr.  Thomas  Smith,  having  been  appointed 


VIRGINIA'S  FIRST   PROVINCIAL  CONVENTION     411 

Moderator'],  Several  papers  containing  the  Proceedings  of  the 
late  House  of  Burgesses  of  this  Colony,  and  the  subsequent 
determinations  of  the  late  Representatives  after  the  House  was 
dissolved,  together  with  extracts  of  several  Resolves  of  the 
Provinces  of  Massachusetts  Bay,  Maryland,  etc.,  being  read,  the 
meeting  proceeded  seriously  to  consider  the  present  dangerous 
and  truly  alarming  crisis,  when  ruin  is  threatened  to  the  ancient 
constitutional  rights  of  North  America,  and  came  to  the  follow 
ing  Resolves : 


7th.  This  meeting  do  heartily  concur  with  the  late  Representa 
tive  body  of  this  country,  to  disuse  tea,  and  not  purchase  any  other 
commodity  of  the  East  Indies,  except  saltpetre,  until  the  grievances 
of  America  are  redressed.  (Cf.  No.  125  e,  above.) 

8th.  We  do  most  heartily  concur  in  these  preceding  Resolves, 
and  will,  to  the  utmost  of  our  power,  take  care  that  they  are 
carried  into  execution ;  and  that  we  will  regard  every  man  as 
infamous  who  now  agree  [s]  to,  and  shall  hereafter  make  a  breach 
of  all  or  any  of  them ;  subject  however  to  such  future  altera 
tions  as  shall  be  judged  expedient,  at  a  general  meeting  of 
Deputies  from  the  several  parts  of  this  Colony,  or  a  general 
Congress  of  all  the  Colonies. 

9th.  We  do  appoint  Richard  Henry  Lee,  and  Richard  Lee, 
Esquires,  the  late  Representatives  of  this  county,  to  attend  the 
general  meeting  of  Deputies  from  all  the  counties  [August  i  ]  ;  and 
we  desire  that  they  do  exert  their  best  abilities  to  get  these,  our 
earnest  desires  for  the  security  of  public  liberty,  assented  to. 

zoth.  And  as  it  may  happen  that  the  Assembly  now  called  to 
meet  on  the  nth  of  August,  may  be  prorogued  to  a  future  day,  and 
many  of  the  Deputies  appointed  to  meet  on  the  ist  of  August, 
trusting  to  the  certainty  of  meeting  in  Assembly  on  the  nth  may 
fail  to  attend  on  the  first,  by  which  means  decisive  injury  may 
arise  to  the  common  cause  of  liberty,  by  the  general  sense  of  the 
country  not  being  early  known  at  this  dangerous  crisis  of  American 
freedom,  we  do,  therefore,  direct  that  our  Deputies  now  chosen  fail 


412  REVOLUTIONARY  GOVERNMENTS 

not  to  attend  at  Williamsburg,  on  the  said  ist  of  August ;  and  it 
is  our  earnest  wish  that  the  Deputies  from  other  counties  be 
directed  to  do  the  same,  for  the  reasons  above  assigned. 

[Other  counties  responded  to  this  wish.  Thus,  seven  days  later,  a  "re 
spectable  meeting  of  Freeholders  and  Freemen  of  the  County  of  Rich 
mond,"  called  to  choose  and  instruct  delegates  to  the  August  Convention, 
did  so  with  the  following  caution  : 

******* 

"  8th.  This  meeting  do  appoint  Robert  Wormeley  Carter  and  Francis 
L.  Lee,  gentlemen,  as  their  Deputies  for  the  purposes  afore  said  ;  and 
they  do  request  them  that  they  fail  not  to  attend  in  Williamsburg  on  the 
said  first  day  of  August,  and  do  not  trust  to  meeting  in  Assembly  on  the 
llth  ...  as  it  is  in  the  power  of  Government  either  to  prorogue  the  Assem 
bly  to  a  future  day,  or  dissolve  the  same,  —  by  which  means  the  sense 
of  this  Colony  may  not  be  known."  (Force,  IV,  1,  492,  493.)  ] 

b.  Fairfax  County  (Virginia)  Resolutions 
Force,  American  Archives,  Fourth  Series,  I,  597-602. 

At  a  General  Meeting  of  the  Freeholders  and  other  Inhabit 
ants  of  the  County  of  Fairfax,  at  the  Court  House  in  the 
Town  of  'Alexandria,  on  Monday,  the  18th  day  of  July,  1774. 

George  Washington,  Esquire,  Chairman,  and 

Robert  Harrison,  Gentleman,  Clerk. 

Resolved,  That  this  Colony  and  Dominion  of  Virginia  can 
not  be  considered  as  a  conquered  country,  and,  if  it  was,  that 
the  present  inhabitants  are  the  descendants,  not  of  the  con 
quered,  but  of  the  conquerors.  That  the  same  was  not  settled 
at  the  national  expense  of  England,  but  at  the  private  expense 
of  the  adventurers,  our  ancestors  .  .  .  [and]  that  our  ances 
tors  .  .  .  brought  with  them,  even  if  the  same  had  not  been  con 
firmed  by  Charters,  the  civil  Constitution  and  form  of  Govern 
ment  of  the  country  they  came  from,  and  were  by  the  laws  of 
nature  and  Nations  entitled  to  all  its  privileges,  immunities,  and 
advantages,  which  have  descended  to  us,  their  posterity  .  .  . 

Resolved,  That  the  most  important  and  valuable  part  of  the 
British  Constitution,  upon  which  its  very  existence  depends, 
is  the  fundamental  principle  of  the  people's  being  governed  by 


GEORGE  WASHINGTON'S  COUNTY  413 

no  laws  to  which  they  have  not  given  their  consent  by  Repre 
sentatives  freely  chosen  by  themselves,  who  are  affected  by  the 
laws  they  enact  equally  with  their  constituents,  to  whom  they  are 
accountable  and  whose  burthens  they  share. 

[The  colonies  "  are  not,  and  from  their  situation,  cannot  be, 
represented  in  the  British  Parliament " ;  and  therefore  "  legis 
lative  power  here  can,  of  right,  be  exercised  only  by  our  Pro 
vincial  Assemblies,  or  Parliaments,  subject  to  the  assent  or 
negative  of  the  British  crown  .  .  .  " ;  but  it  is  recognized  as 
reasonable  that  the  British  Parliament  should,  in  practice, 
regulate  trade  "  for  the  general  good  of  that  great  body  politick 
of  which  we  are  a  part,  although  in  some  degree  repugnant  to 
the  principles  of  the  Constitution,"  but  only  when  such  power 
is  exercised  "  with  wisdom  and  moderation.''] 

Resolved,  That  the  claim  lately  assumed  and  exercised  by 
the  British  Parliament,  for  making  all  such  laws  as  they  think 
fit  to  govern  the  people  of  these  Colonies,  and  to  extort  from 
us  our  money  without  our  consent,  is  not  only  diametrically 
contrary  to  the  first  principles  of  the  Constitution  and  the 
original  compacts  by  which  we  are  dependent  upon  the  British 
Crown  and  Government,  but  is  totally  incompatible  with  the 
privileges  of  a  free  people  and  the  natural  rights  of  mankind, 
will  render  our  own  Legislatures  merely  nominal  and  nugatory, 
and  is  calculated  to  reduce  us  from  a  state  of  freedom  and 
happiness  to  slavery  and  misery. 

Resolved,  That  taxation  and  representation  are  in  their 
nature  inseparable  ;  that  the  right  of  withholding,  or.  of  giving 
and  granting  their  own  money,  is  the  only  effectual  security 
to  a  free  people  against  the  encroachments  of  despotism  and 
tyranny;  and  that  whenever  they  yield  the  one,  they  must 
quickly  fall  a  prey  to  the  other. 

Resolved,  That  the  powers  over  the  people  of  America,  now 
claimed  by  the  British  House  of  Commons,  —  in  whose  election 
we  have  no  share  ;  in  whose  determinations  we  have  no  influence  ; 
whose  information  must  be  always  defective,  and  often  false  ;  who 
in  many  instances  may  have  a  separate,  and  in  some  an  opposite 


414  REVOLUTIONARY  GOVERNMENTS 

interest  to  ours  ;  and  who  are  removed  from  those  impressions  of 
tenderness  and  compassion,  arising  from  personal  intercourse  and 
connection,  which  soften  the  rigours  of  the  most  despotick  Govern 
ment,  must,  if  continued,  establish  the  most  grievous  and 
intolerable  species  of  tyranny  and  oppression  that  ever  was 
inflicted  upon  mankind. 

Resolved,  That  it  is  our  greatest  wish  and  inclination,  as 
well  as  interest,  to  continue  our  connection  with,  and  depend 
ence  upon,  the  British  Government ;  but  though  we  are  its 
subjects,  we  will  use  every  means  which  Heaven  hath  given 
us  to  prevent  our  becoming  its  slaves. 

#  *  *  *  *  *  * 

Resolved,  That  the  several  Acts  of  Parliament  for  raising  a 
revenue  upon  the  people  of  America  without  their  consent; 
the  erecting  new  and  dangerous  jurisdictions  here  [the  "  special 
commissions"];  the  taking  away  our  trials  by  jury;  the 
ordering  persons,  on  criminal  accusations,  to  be  tried  in  another 
country  than  that  in  which  the  fact  is  charged  to  have  been 
committed ;  the  Act  inflicting  Ministerial  vengeance  upon  the 
town  of  Boston ;  the  two  Bills  lately  brought  into  Parliament 
for  abrogating  the  charter  of  Massachusetts  Bay,  and  for  the 
protection  and  encouragement  of  murderers  in  the  said  Province,1 
are  part  of  the  above-mentioned  iniquitous  system  .  .  . 
******* 

Resolved,  That  nothing  will  so  much  contribute  to  defeat 
the  pernicious  designs  of  the  common  enemies  of  Great  Britain 
and  her  Colonies,  as  a  firm  union  of  the  latter,  who  ought  to 
regard  every  act  of  violence  or  oppression  inflicted  upon  any 
one  of  them,  as  aimed  at  all ;  and  to  effect  this  desirable  pur 
pose,  that  a  Congress  should  be  appointed,  to  consist  of  Deputies 
from  all  the  Colonies,  to  concert  a  general  and  uniform  plan  for 

1  This  final  clause  refers  to  a  provision  withdrawing  from  trial  in  colonial 
courts  any  servants  of  the  government  accused  of  violence  in  the  performance 
of  duty.  The  list  of  offending  statutes  is  repeated,  somewhat  less  impressively 
but  more  specifically,  in  the  Continental  Congress's  Declaration  (130  c). 


GEORGE  WASHINGTON'S  COUNTY  415 

the  defence  and  preservation  of  our  common  rights,  and  continuing 
the  connection  and  dependence  of  the  said  Colonies  upon 
Great  Britain,  under  a  just,  lenient,  permanent,  and  constitu 
tional  form  of  Government. 


Resolved,  That  ...  all  manner  of  luxury  and  extravagance 
ought  immediately  to  be  laid  aside,  as  totally  inconsistent  with 
the  threatening  and  gloomy  prospect  before  us ;  that  it  is  the 
indispensable  duty  of  all  the  gentlemen  and  men  of  fortune 
to  set  examples  of  temperance,  fortitude,  frugality,  and  in 
dustry  .  .  .  [and]  that  great  care  and  attention  should  be  had 
to  the  cultivation  of  flax,  cotton,  and  other  materials  for  manu 
factures  ;  and  we  recommend  it  to  such  of  the  inhabitants  as 
have  large  stocks  of  sheep,  to  sell  to  their  neighbors  at  a 
moderate  price,  as  the  most  certain  means  of  speedily  increasing 
our  breed  of  sheep  and  quantity  of  wool.1 

[Some  pages  of  resolves  as  to  non-importation  with  much  of 
the  detail  afterward  copied  by  the  Continental  Congress  — 
especially  the  following  provisions:  — 

"  That  the  merchants  and  vendors  of  goods  ought  not  to  take 
advantage  of  our  present  distress,  but  continue  to  sell  the  goods 
and  merchandise  which  they  now  have,  or  which  may  be 
shipped  to  them  before  the  1st  of  September  next  [when  non 
importation  was  recommended  to  begin],  at  the  same  rates 
and  prices  they  have  been  accustomed  to  do  within  one  year 
past;  and  that  if  any  person  shall  sell  such  goods  on  any 


1  Upon  this  passage  was  based  the  Sixth  Article  of  the  Virginia  Associa 
tion,  recommended  August  1,  by  the  Convention  as  follows :  — 

"6th.  We  will  endeavor  to  improve  our  breed  of  sheep,  and  increase  their 
number  to  the  utmost  extent ;  and  to  this  end,  we  will  be  as  sparing  as  we 
conveniently  can,  in  killing  sheep,  especially  those  of  the  most  profitable 
kind;  and  if  we  should  at  any  time  be  overstocked,  or  can  conveniently 
spare  any,  we  will  dispose  of  them  to  our  neighbors,  especially  the  poorer 
sort  of  people,  on  moderate  terms." 

In  time,  this  passage  was  copied  even  more  closely  in  the  Association  of 
the  Continental  Congress  at  Philadelphia  (No.  130  of) . 


416  REVOLUTIONARY  GOVERNMENTS 

other  terms  .  .  .  that  no  inhabitant  of  this  colony  should,  at 
any  time  forever  thereafter,  deal  with  him,  his  agent,  factor, 
or  storekeeper,  for  any  commodity  whatsoever  ";  with  provisions 
for  depositing  goods  of  later  shippings  with  the  committees  of 
their  counties,  i.e.,  as  adopted  by  the  Continental  Congress; 
resolutions  against  importing  slaves,  and  against  exporting 
lumber  to  the  West  Indies,  and,  after  November  1,  1775 
(unless  redress  of  grievances  should  come),  against  all  exports 
to  Great  Britain.  "  And  ...  as  the  people  will  thereby  be 
disabled  from  paying  their  debts,  that  no  judgments  should  be 
rendered  by  the  Courts  ...  for  any  debt,  after  imformation 
of  the  said  measures  being  determined  upon."  ] 


Resolved,  That  George  Washington,  Esquire,  and  Charles  Broad- 
water,  Gentleman,  lately  elected  our  Representatives  to  serve  in  the 
General  Assembly,  attend  the  Convention  at  Williamsburg,  on  the 
first  day  of  August  next,  and  present  these  Resolves  as  the  sense  of 
the  people  of  this  county  upon  measures  proper  to  be  taken  in  the 
present  alarming  and  dangerous  situation  of  America. 

Resolved,  That  George  Washington  Esquire,  [and  24  others]  be  a 
Committee  for  this  county ;  that  they,  or  a  majority  of  them,  on  any 
emergency,  have  power  to  call  a  general  meeting,  and  to  concert  and 
adopt  such  measures  as  may  be  thought  most  expedient  and  necessary. 

Resolved,  That  a  copy  of  these  Proceedings  be  transmitted  to  the 
Printer  at  Williamsburg,  to  be  published. 

[It  is  possible  to  find  in  these  instructions  by  Fairfax  County  to  its 
delegates  to  Williamsburg  almost  every  provision  of  the  "  Associa 
tion"  adopted  three  months  later  by  the  Continental  Congress  at 
Philadelphia.  For  a  very  large  part  of  the  two  documents,  the 
language  is  almost  identical.  Much  alike  as  many  such  papers  of 
the  time  were,  it  is  impossible  to  read  these  two  together  without 
being  convinced  that  the  committee  which  framed  the  Association  at 
Philadelphia  had  a  copy  of  the  Fairfax  instructions  before  them.] 

c.   Nansemond  Count?/  (July  11} 

[10]  Resolved  that  very  kind  of  luxury,  dissipation,  and  ex 
travagance,  ought  to  be  banished  from  amongst  us.  ... 


VIRGINIA  COUNTY  MEETINGS  417 

[12]  Resolved  That  the  African  [Negro]  trade  is  injurious  to 
this  Colony,  obstructs  the  population  of  it  by  freemen,  prevents 
manufactures  and  useful  emigrants  from  Europe  from  settling 
amongst  us  and  occasions  an  annual  increase  of  the  balance  of 
trade  against  the  colony.1 

[14]  Resolved  that  to  be  clothed  in  manufactures  fabricated 
in  this  Colony  ought  to  be  considered  as  a  badge  and  distinc 
tion  of  respect  and  true  patriotism. 

d.  York  County  (July  18) 

[Instructions  to  delegates  for  the  August  Convention,  after 
urging  appointment  of  Virginia  delegates  to  a  "General  Congress 
of  America,"  continue  :  —  ] 

"That  these  Representatives  be  instructed  to  form  a  Dec 
laration  of  American  Rights  [a  page  of  suggestions  follows]. 

[That  imports  be  stopped  at  once,  and  that  exports  be  regu 
lated  by  the  General  Congress  when  it  comes.] 

"  That  industry  and  frugality  be  adopted,  in  their  largest  extent, 
throughout  this  Colony  ;  and  that  horse-racing,  and  every  species 
of  expensive  amusement,  be  laid  aside,  as  unsuitable  to  the  situa 
tion  of  the  country,  and  unbecoming  men  who  feel  for  its  distress." 


e.  Middlesex  County  (July 
[This  county  alone  takes  a  royalist  tone.  ] 

Resolved,  That  we  do  not  approve  of  the  conduct  of  the  people  of  Bos 
ton  in  destroying  the  tea  .  .  .  and  notwithstanding  the  tax  on  tea  must 
be  esteemed  a  violent  infringement  of  one  of  the  fundamental  privileges  .  .  . 
yet  we  apprehend  violence  cannot  justify  violence.  ...  A  desistance  from 
the  consumption  of  tea,  and  a  confidence  in  the  virtue  of  our  countrymen, 
whose  sense  of  the  spirit  of  the  law  will  no  doubt  induce  a  total  disuse  of 
it,  are  much  more  eligible  means,  and  more  probably  will  work  a  repeal 
of  the  Act,  than  disorders,  outrages,  and  tumults. 

1  This  resolution  is  found  in  identical  words  in  the  resolutions  of  Caro 
line  County  (Virginia),  July  14,  1774;  and  the  sentiment,  in  more  varied  forms, 
appears  often  in  the  county  meetings.  Thus  Hanover  (Patrick  Henry's 
county)  declared  :  "  The  African  trade  for  slaves  we  consider  most  dangerous 
to  virtue  and  the  welfare  of  this  country.  We  therefore  most  earnestly  wish 
to  see  it  totally  discouraged." 


418  REVOLUTIONARY  GOVERNMENTS 

130.  The  First  Continental  Congress 

a.  Method  of  Voting,  etc. 
John  Adams'  "Diary"  (Works,  II,  365  ff.). 

[Sept.]  5.  Monday.  At  ten  the  delegates  all  met  at  the  City 
Tavern,  and  walked  to  the  Carpenters'  Hall,  where  they  took  a 
view  of  the  room,  and  of  the  chamber  where  is  an  excellent  li 
brary;  there  is  also  a  long  entry  where  gentlemen  may  walk,  and 
a  convenient  chamber  opposite  to  the  library.  The  general  cry 
was,  that  this  was  a  good  room,  and  the  question  was  put, 
whether  we  were  satisfied  with  this  room  ?  and  it  passed  in  the 
affirmative.  A  very  few  were  for  the  negative,  and  they  were 
chiefly  from  Pennsylvania  and  New  York.  Then  Mr.  Lynch 
arose,  and  said  there  was  a  gentleman  present  who  had  pre 
sided  with  great  dignity  over  a  very  respectable  society,  greatly 
to  the  advantage  of  America,  and  he  therefore  proposed  that 
the  Honorable  Peyton  Randolph,  Esquire,  one  of  the  delegates 
from  Virginia,  and  the  late  Speaker  of  their  House  of  Bur 
gesses,'  should  be  appointed  Chairman,  and  he  doubted  not  it 
would  be  unanimous. 

The  question  was  put,  and  he  was  unanimously  chosen. 

Mr.  Randolph  then  took  the  chair,  and  the  commissions  of 
the  delegates  were  all  produced  and  read. 

Then  Mr.  Lynch  proposed  that  Mr.  Charles  Thomson,  a  gentle 
man  of  family,  fortune,  and  character  in  this  city,  should  be 
appointed  Secretary,  which  was  accordingly  done  without  op 
position,  though  Mr.  Duane  and  Mr.  Jay  discovered  at  first  an 
inclination  to  seek  further. 

Mr.  Duane  then  moved  that  a  committee  should  be  appointed 
to  prepare  regulations  for  this  Congress.  Several  gentle 
men  objected. 

I  then  arose  and  asked  leave  of  the  President  to  request  of 
the  gentleman  from  New  York  an  explanation,  and  that  he 
would  point  out  some  particular  regulations  which  he  had  in  his 
mind.  He  mentioned  particularly  the  method  of  voting, 


THE   FIRST  CONTINENTAL  CONGRESS  419 

whether  it  should  be  by  Colonies,  or  by  the  poll,  or  by  in 
terests. 

Mr.  Henry  then  ro'se,  and  said  this  was  the  first  General 
Congress  which  had  ever  happened ;  that  no  former  Congress 
could  be  a  precedent ;  that  we  should  have  occasion  for  more 
general  congresses,  and  therefore  that  a  precedent  ought  to  be 
established  now ;  that  it  would  be  great  injustice  if  a  little 
Colony  should  haVe  the  same  weight  in  the  councils  of  America 
as  a  great  one,  and  therefore  he  was  for  a  committee. 

Major  Sullivan  [from  New  Hampshire]  observed  that  a  little 
Colony  had  its  all  at  stake  as  well  as  a  great  one.  .  .  . 

Mr.  Henry.  Government  is  dissolved.  Fleets  and  armies 
and  the  present  state  of  things  show  that  government  is  dis 
solved.  Where  are  your  landmarks,  your  boundaries  of  Col 
onies  ?  We  are  in  a  state  of  nature,  sir.  ... 

The  distinctions  between  Virginians,  Pennsylvanians,  New 
Yorkers,  and  New  Englanders,  are  no  more.  I  am  not  a  Vir 
ginian,  but  an  American. 

Slaves  are  to  be  thrown  out  of  the  question,  and  if  the  free 
men  can  be  represented  according  to  their  numbers,  I  am 
satisfied. 

Mr.  Lynch.  I  differ  in  one  point  from  the  gentleman  from 
Virginia,  that  is,  in  thinking  that  numbers  only  ought  to 
determine  the  weight  of  Colonies.  I  think  that  property  ought 
to  be  considered,  and  that  it  ought  to  be  a  compound  of  num 
bers  and  property  that  should  determine  the  weight  of  the 
Colonies. 1 

I  think  it  cannot  be  now  settled. 

*  *  *  *  *  *  * 

Mr.  Lee.  But  one  reason  .  .  .  prevails  with  me  [for  favoring 
one  vote  to  each  colony]  .  .  .  that  we  are  not  at  this  time  pro 
vided  with  proper  materials  [to  assign  proper  proportions]  .  .  . 

Mr.  Gadsen.     I  can't  see  any  way  of  voting  but  by  Colonies. 

1  Mr.  Lynch  was  from  South  Carolina.  This  position  here  taken  as  to 
"  numbers  and  property  "  was  taken  thirteen  years  later  hy  South  Carolina 
delegates  in  the  Convention  which  framed  our  present  Constitution. 


420  REVOLUTIONARY  GOVERNMENTS 

Mr.  Pendleton.  If  the  committee  should  find  themselves 
unable  to  ascertain  the  weight  of  the  Colonies,  by  their  num 
bers  and  property,  they  will  report  this,  and  this  will  lay  the 
foundation  for  the  Congress  to  take  some  other  steps  to  pro 
cure  evidence  of  numbers  and  property  at  some  future  time. 

Mr.  Henry.  I  agree  that  authentic  accounts  cannot  be  had, 
if  by  authenticity  is  meant  attestations  of  officers  of  the 
Crown. 

I  go  upon  the  supposition  that  government  is  at  an  end. 
All  distinctions  are  thrown  down.     All   America  is  thrown 
into  one  mass.     We  must  aim  at  the  minutiae  of  rectitude. 
******* 

The  argument  that  the  delegates  lacked  information  (such  as  a  census 
would  have  provided)  to  arrange  a  proper  apportionment  of  votes  to 
different  colonies  prevailed.  October  10,  the  Connecticut  delegates 
wrote  to  the  governor  of  their  colony  :  u  The  mode  of  voting  .  .  .  was 
first  resolved  upon  ;  which  was  that  each  colony  should  have  one  voice  ; 
but,  as  this  was  objected  to  as  unequal,  an  entry  was  made  in  the  journals 
to  prevent  its  being  drawn  into  precedent  in  future.  " 

b.  John  Adams'  Impressions  toward  the  Close 
Diary,  as  above. 

[Oct.]  10.  Monday.  The  deliberations  of  the  Congress  are 
spun  out  to  an  immeasurable  length.  There  is  so  much  wit, 
sense,  learning,  acuteness,  subtlety,  eloquence,  etc.,  among  fifty 
gentlemen,  each  of  whom  has  been  habituated  to  lead  and  guide 
in  his  own  Province,  that  an  immensity  of  time  is  spent  un 
necessarily. 

******* 

24.  Monday.  In  Congress,  nibbling  and  quibbling  as  usual. 
There  is  no  greater  mortification  than  to  sit  with  half  a  dozen 
wits,  deliberating  upon  a  petition,  address,  or  memorial.  These 
great  wits,  these  subtle  critics,  these  refined  geniuses,  these 
learned  lawyers,  these  wise  statesmen,  are  so  fond  of  showing 
their  parts  and  powers,  as  to  make  their  consultations  very 
tedious.  Young  Ned  Rutledge  is  a  perfect  Bob-o-Lincoln,  — 


THE   FIRST  CONTINENTAL  CONGRESS  421 

a  swallow,  a  sparrow,  a  peacock ;  excessively  vain,  excessively 
weak,  and  excessively  variable  and  unsteady;  jejune,  inane, 
and  puerile.  Mr.  Dickinson  is  very  modest,  delicate,  and  timid. 
Spent  the  evening  at  home.  Colonel  Dyer,  Judge  Sherman, 
and  Colonel  Floyd  came  in,  and  spent  the  evening  with  Mr. 
[Samuel]  Adams  and  me.  Mr.  Mifflin  and  General  Lee  came  in. 
Lee's  head  is  running  upon  his  new  plan  of  a  battalion.  .  .  . 

26.  Wednesday.  Dined  at  home.  This  day  the  Congress 
finished.  Spent  the  evening  together  at  the  City  Tavern ;  all 
the  Congress,  and  several  gentlemen  of  the  town.  .  .  . 

28.  Friday.  Took  our  departure,  in  a  very  great  rain,  from 
the  happy,  the  peaceful,  the  elegant,  the  hospitable,  and  polite 
city  of  Philadelphia.  It  is  not  very  likely  that  I  shall  ever  see 
this  part  of  the  world  again,  but  I  shall  ever  retain  a  most 
grateful,  pleasing  sense  of  the  many  civilities  I  have  received 
in  it,  and  shall  think  myself  happy  to  have  an  opportunity  of 
returning  them. 

[Delegates  from  eleven  colonies  to  the  First  Continental  Congress  as 
sembled  at  Philadelphia,  September  5,  1774.  Delegates  from  North  Caro 
lina  appeared  on  the  14th.  Georgia  was  not  represented.  For  elections 
and  credentials,  cf.  American  History  and  Government,  §  141.] 

c.  Declaration  of  Rights 

Journals  of  the  Continental  Congress  (Ford  edition),  1, 63  ff.  A  com 
mittee,  appointed  on  September  7,  reported  on  the  22d.  The  report  was 
taken  up  October  12,  and  adopted  October  14. 

Whereas,  since  the  close  of  the  last  war,  the  British  parlia 
ment,  claiming  a  power,  of  right,  to  bind  the  people  of  America 
by  statutes  in  all  cases  whatsoever,  hath,  in  some  acts,  expressly 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  purpose  of  raising  a  revenue,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  board  of 
commissioners,  with  unconstitutional  powers,  and  extended  the 
jurisdiction  of  courts  of  admiralty,  not  only  for  collecting  the  said 
duties,  but  for  the  trial  of  causes  merely  arising  within  the  body 
of  a  county. 


422  REVOLUTIONARY   GOVERNMENTS 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
before  held  only  estates  at  will  in  their  offices,  have  been  made 
dependant  on  the  crown  alone  for  their  salaries,  and  standing 
armies  kept  in  times  of  peace :  And  whereas  it  has  lately  been 
resolved  in  parliament,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  King  Henry  the  Eighth,  colonists 
may  be  transported  to  England,  and  tried  there  upon  accusations 
for  treasons  and  misprisions,  or  concealments  of  treasons  com 
mitted  in  the  colonies,  and  by  a  late  statute,  such  trials  have  been 
directed  in  cases  therein  mentioned : 

And  whereas,  in  the  last  session  of  parliament,  three  statutes 
were  made ;  one  entitled,  "  An  act  to  discontinue,  in  such  manner 
and  for  such  time  as  are  therein  mentioned,  the  landing  and  dis 
charging,  lading,  or  shipping  of  goods,  wares  and  merchandize, 
at  the  town,  and  within  the  harbour  of  Boston,  in  the  province 
of  Massachusetts-Bay  in  North-America; "  another  entitled,  "An 
act  for  the  better  regulating  the  government  of  the  province  of 
Massachusetts-Bay  in  New  England ; "  and  another  entitled,  "An 
act  for  the  impartial  administration  of  justice,  in  the  cases  of 
persons  questioned  for  any  act  done  by  them  in  the  execution  of 
the  law,  or  for  the  suppression  of  riots  and  tumults,  in  the  prov 
ince  of  the  Massachusetts-Bay  in  New  England  ;  "  and  another 
statute  was  then  made,  "  for  making  more  effectual  provision 
for  the  government  of  the  province  of  Quebec,  etc."  All  which 
statutes  are  impolitic,  unjust,  and  cruel,  as  well  as  unconstitu 
tional,  and  most  dangerous  and  destructive  of  American  rights  : 

And  whereas,  assemblies  have  been  frequently  dissolved, 
contrary  to  the  rights  of  the  people,  when  they  attempted  to 
deliberate  on  grievances  ;  and  their  dutiful,  humble,  loyal,  and 
reasonable  petitions  to  the  crown  for  redress,  have  been  re 
peatedly  treated  with  contempt,  by  his  Majesty's  ministers  of 
state : 

The  good  people  of  the  several  colonies  of  New-Hampshire, 
Massachusetts-Bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New-York,  New-Jersey,  Pennsylvania,  Newcastle, 
Kent,  and  Sussex  on  Delaware,  Maryland,  Virginia,  North- 


THE  FIRST   CONTINENTAL  CONGRESS  423 

Carolina,  and  South-Carolina,  justly  alarmed  at  these  arbitrary 
proceedings  of  parliament  and  administration,  have  severally 
elected,  constituted,  and  appointed  deputies  to  meet,  and  sit  in 
general  Congress,  in  the  city  of  Philadelphia,  in  order  to  obtain 
such  establishment,  as  that  their  religion,  laws,  and  liberties, 
may  not  be  subverted :  Whereupon  the  deputies  so  appointed 
being  now  assembled,  in  a  full  and  free  representation  of  these 
colonies,  taking  into  their  most  serious  consideration,  the  best 
means  of  attaining  the  ends  aforesaid,  do,  in  the  first  place,  as 
Englishmen,  their  ancestors  in  like  cases  have  usually  done,  for 
asserting  and  vindicating  their  rights  and  liberties,  DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North- Amer 
ica,  by  the  immutable  laws  of  nature,  the  principles  of  the 
English  constitution,  and  the  several  charters  or  compacts, 
have  the  following  RIGHTS  : 

Resolved,  N.  C.  D.  1.  That  they  are  entitled  to  life,  liberty 
and  property  :  and  they  have  never  ceded  to  any  foreign  power 
whatever,  a  right  to  dispose  of  either  without  their  consent. 

Resolved,  N.  G.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  immu 
nities  of  free  and  natural-born  subjects,  within  the  realm  of 
England. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they  by  no 
means  forfeited,  surrendered,  or  lost  any  of  those  rights,  but 
that  they  were,  and  their  descendants  now  are,  entitled  to  the 
exercise  and  enjoyment  of  all  such  of  them,  as  their  local  and 
other  circumstances  enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty,  and  of 
all  free  government,  is  a  right  in  the  people  to  participate  in 
their  legislative  council :  and  as  the  English  colonists  are  not 
represented,  and  from  their  local  and  other  circumstances,  can 
not  properly  be  represented  in  the  British  parliament,  they  are 
entitled  to  a  free  and  exclusive  power  of  legislation  in  their 
several  provincial  legislatures,  where  their  right  of  represen 
tation  can  alone  be  preserved,  in  all  cases  of  taxation  and  in- 


424  REVOLUTIONARY  GOVERNMENTS 

ternal  polity,  subject  only  to  the  negative  of  their  sovereign, 
in  such  manner  as  has  been  heretofore  used  and  accustomed : 
But,  from  the  necessity  of  the  case,  and  a  regard  to  the  mutual 
interest  of  both  countries,  we  cheerfully  consent  to  the  operation 
of  such  acts  of  the  British  parliament,  as  are,  bona  fide,  re 
strained  to  the  regulation  of  our  external  commerce,  for  the 
purpose  of  securing  the  commercial  advantages  of  the  whole 
empire  to  the  mother  country,  and  the  commercial  benefits  of 
its  respective  members ;  excluding  every  idea  of  taxation 
internal  or  external,  for  raising  a  revenue  on  the  subjects,  in 
America,  without  their  consent. 

Resolved,  N.  C.  D.  5.  That  the  respective  colonies  are  en 
titled  to  the  common  law  of  England,  and  more  especially  to 
the  great  and  inestimable  privilege  of  being  tried  by  their  peers 
of  the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such  of 
the  English  statutes,  as  existed  at  the  time  of  their  colonization  ; 
and  which  they  have,  by  experience,  respectively  found  to  be 
applicable  to  their  several  local  and  other  circumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  colonies, 
are  likewise  entitled  to  all  the  immunities  and  privileges  granted 
and  confirmed  to  them  by  royal  charters,  or  secured  by  their 
several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king ; 
and  that  all  prosecutions,  prohibitory  proclamations,  and  com 
mitments  for  the  same,  are  illegal. 

Resolved,  N.  C.  D.  9.  That  the  keeping  a  standing  army 
in  these  colonies,  in  times  of  peace,  without  the  consent  of  the 
legislature  of  that  colony,  in  which  such  army  is  kept,  is  against 
law. 

Resolved,  N.  C.  D.  10.  It  is  indispensably  necessary  to  good 
government,  and  rendered  essential  by  the  English  constitution, 
that  the  constituent  branches  of  the  legislature  be  independent 
of  each  other ;  that,  therefore,  the  exercise  of  legislative  power 
in  several  colonies  by  a  council  appointed,  during  pleasure,  by 


THE   FIRST  CONTINENTAL  CONGRESS  425 

the  crown,  is  unconstitutional,  dangerous  and  destructive  to 
the  freedom  of  American  legislation. 

All  and  each  of  which  the  aforesaid  deputies,  in  behalf  of  them 
selves,  and  their  constituents,  do  claim,  demand,  and  insist  on, 
as  their  indubitable  rights  and  liberties  ;  which  cannot  be  le^ 
gaily  taken  from  them,  altered  or  abridged  by  any  power  what 
ever,  without  their  own  consent,  by  their  representatives  in  their 
several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  find  many  infringements 
and  violations  of  the  foregoing  rights,  which,  from  an  ardent 
desire  that  harmony  and  mutual  intercourse  of  affection  and 
interest  may  be  restored,  we  pass  over  for  the  present,  and  pro 
ceed  to  state  such  acts  and  measures  as  have  been  adopted  since 
the  last  war,  which  demonstrate  a  system  formed  to  enslave 
America. 

Resolved,  N.  C.  D.  That  the  following  acts  of  parliament  are 
infringements  and  violations  of  the  rights  of  the  colonists  ;  and 
that  the  repeal  of  them  is  essentially  necessary,  in  order  to  re 
store  harmony  between  Great-Britain  and  the  American  colo 
nies,  viz. 

The  several  acts  of  4  Geo.  III.  ch.  15.  and  ch.  34.  —  5  Geo. 
III.  ch.  25.  — 6  Geo.  III.  ch.  52.  — 7  Geo.  III.  ch.  41.  and  ch. 
46.  —  8  Geo.  III.  ch.  22.  which  impose  duties  for  the  purpose 
of  raising  a  revenue  in  America,  extend  the  power  of  the  ad 
miralty  courts  beyond  their  ancient  limits,  deprive  the  Amer 
ican  subject  of  trial  by  jury,  authorise  the  judges  certificate  to 
indemnify  the  prosecutor  from  damages,  that  he  might  other 
wise  be  liable  to,  requiring  oppressive  security  from  a  claimant 
of  ships  and  goods  seized,  before  he  shall  be  allowed  to  defend 
his  property,  are  subversive  of  American  rights. 

Also  12  Geo.  III.  ch.  24.  intituled,  "  An  act  for  the  better  se 
curing  his  majesty's  dockyards,  magazines,  ships,  ammunition, 
and  stores, "  which  declares  a  new  offence  in  America,  and  de 
prives  the  American  subject  of  a  constitutional  trial  by  jury 
of  the  vicinage,  by  authorising  the  trial  of  any  person,  charged 
with  the  committing  any  offence  described  in  the  said  act,  out 


426  REVOLUTIONARY  GOVERNMENTS 

of  the  realm,  to  be  indicted  and  tried  for  the  same  in  any  shire 
or  county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parliament, 
for  stopping  the  port  and  blocking  up  the  harbour  of  Boston, 
for  altering  the  charter  and  government  of  Massachusetts-Bav, 
and  that  which  is  entitled,  "  An  act  for  the  better  administra 
tion  of  justice,  etc. " 

Also  the  act  passed  in  the  same  session  for  establishing  the 
Roman  Catholic  religion,  in  the  province  of  Quebec,  abolishing, 
the  equitable  system  of  English  laws,  and  erecting  a  tyranny 
there,  to  the  great  danger,  (from  so  total  a  dissimilarity  of  re 
ligion,  law  and  government)  of  the  neighbouring  British  colonies, 
by  the  assistance  of  whose  blood  and  treasure  the  said  country 
was  conquered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better  pro 
viding  suitable  quarters  for  officers  and  soldiers  in  his  majesty's 
service,  in  North-America. 

Also,  that  the  keeping  a  standing  army  in  several  of  these 
colonies,  in  time  of  peace,  without  the  consent  of  the  legislature 
of  that  colony  in  which  such  army  is  kept,  is  against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot  sub 
mit,  but  in  hopes  their  fellow  subjects  in  Great-Britain  will,  by 
a  revision  of  them,  restore  us  to  that  state,  in  which  both  coun 
tries  found  happiness  and  prosperity,  we  have  for  the  present, 
only  resolved  to  pursue  the  following  peaceable  measures :  1. 
To  enter  into  a  non-importation,  non-consumption,  and  non-ex 
portation  agreement  or  association.  2.  To  prepare  an  address 
to  the  people  of  Great-Britain,  and  a  memorial  to  the  inhabit 
ants  of  British  America:  and  3.  To  prepare  a  loyal  address  to 
his  majesty,  agreeable  to  resolutions  already  entered  into. 

[This '"Declaration"  confines  itself  almost  wholly,  it  will  be  observed, 
to  "  concrete  "  English  rights,  which  had  been  infringed  by  recent  acts 
of  government.  There  is  little  suggestion  of  the  more  general  principles 
soon  to  appear,  first  in  the  Virginia  bill  of  rights  and  then  in  the  Declara 
tion  of  Independence.  Advanced  students  will  find  in  John  Adams'  Works 
(II,  373  ff . )  an  autobiographical  extract,  composed  in  1804,  giving  Adams' 
recollections  of  the  drawing  up  of  the  Declaration.] 


THE  FIRST  CONTINENTAL  CONGRESS  427 

d.  The  Association 
(October  20,  1774) 

Journals  of  Congress  (Ford  edition),  I,  75  ff.  For  conflict  between 
this  plan  and  Galloway's  moderate  proposal,  cf.  American  History  and 
Government,  141.  The  wording  of  much  of  the  plan,  and  the  efficient  ma 
chinery  for  putting  it  in  operation  (Eleventh  Article),  were  common  property 
by  this  time.  In  particular,  cf  .  No.  129  6,  above,  and  comment  at  close. 

WE,  his  majesty's  most  loyal  subjects,  the  delegates  of  the 
several  colonies  of  New-Hampshire,  Massachusetts-Bay,  Rhode- 
Island,  Connecticut,  New-  York,  New-Jersey,  Pennsylvania, 
the  three  lower  counties  of  Newcastle,  Kent  and  Sussex  on 
Delaware,1  Maryland,  Virginia,  North-Carolina,  and  South- 
Carolina,  deputed  to  represent  them  in  a  continental  Congress, 
held  in  the  city  of  Philadelphia,  on  the  fifth  day  of  September, 
1774,  avowing  our  allegiance  to  his  majesty,  our  affection  and 
regard  for  our  fellow-subjects  in  Great  Britain  and  elsewhere, 
affected  with  the  deepest  anxiety,  and  most  alarming  appre 
hensions,  at  those  grievances  and  distresses  with  which  his 
majesty's  American  subjects  are  oppressed  ;  and  having  taken 
under  our  most  serious  deliberation  the  state  of  the  whole 
continent,  find,  that  the  present  unhappy  situation  of  our 
affairs  is  occasioned  by  a  ruinous  system  of  colony  administra 
tion,  adopted  by  the  British  ministry  about  the  year  1763, 
evidently  calculated  for  inslaving  these  colonies,  and,  with 
them,  the  British  Empire.  In  prosecution  of  which  system, 
various  acts  of  parliament  have  been  passed,  for  raising  a 
revenue  in  America,  for  depriving  the  American  subjects,  in 
many  instances,  of  the  constitutional  trial  by  jury,  exposing 
their  lives  to  danger,  by  directing  a  new  and  illegal  trial  be 
yond  the  seas,  for  crimes  alleged  to  have  been  committed  in 
America  :  And  in  prosecution  of  the  same  system,  several  late, 
cruel,  and  oppressive  acts  have  been  passed,  respecting  the 
town  of  Boston  and  the  Massachusetts-Bay,  and  also  an  act 


the  "  style  "  of  the  three  "  counties  "  soon  to  form  the  state  of 
Delaware. 


428  REVOLUTIONARY  GOVERNMENTS 

for  extending  the  province  of  Quebec,  so  as  to  border  on  the 
western  frontiers  of  these  colonies,  establishing  an  arbitrary 
government  therein,  and  discouraging  the  settlement  of  British 
subjects  in  that  wide  extended  country ;  thus,  by  the  influence 
of  civil  principles  and  ancient  prejudices,  to  dispose  the  in 
habitants  to  act  with  hostility  against  the  free  Protestant 
colonies,  whenever  a  wicked  ministry  shall  chuse  so  to  direct 
them. 

To  obtain  redress  of  these  grievances,  which  threaten  de 
struction  to  the  lives,  liberty,  and  property  of  his  majesty's 
subjects,  in  North-America,  we  are  of  opinion,  that  a  non 
importation,  non-consumption,  and  non-exportation  agreement, 
faithfully  adhered  to,  will  prove  the  most  speedy,  effectual, 
and  peaceable  measure :  And,  therefore,  we  do,  for  ourselves, 
and  the  inhabitants  of  the  several  colonies,  whom  we  represent, 
firmly  agree  and  associate,  under  the  sacred  ties  of  virtue, 
honour  and  love  of  our  country,  as  follows : 

First,  That  from  and  after  the  first  day  of  December  next, 
we  will  not  import,  into  British  America,  from  Great-Britain 
or  Ireland,  any  goods,  wares,  or  merchandize  whatsoever,  or 
from  any  other  place,  any  such  goods,  wares,  or  merchandize, 
as  shall  have  been  exported  from  Great-Britain  or  Ireland ; 
nor  will  we,  after  that  day,  import  any  East-India  tea  from 
any  part  of  the  world;  nor  any  molasses,  syrups,  paneles, 
coffee,  or  pimento,  from  the  British  plantations  or  from 
Dominica ;  nor  wines  from  Madeira,  or  the  Western  Islands ; 
nor  foreign  indigo. 

Second,  We  will  neither  import  nor  purchase,  any  slave 
imported  after  the  first  day  of  December  next;  after  which 
time,  we  will  wholly  discontinue  the  slave  trade,  and  will 
neither  be  concerned  in  it  ourselves,  nor  will  we  hire  our 
vessels,  nor  sell  our  commodities  or  manufactures  to  those 
who  are  concerned  in  it. 

Third,  As  a  non-consumption  agreement,  strictly  adhered  to, 
will  be  an  effectual  security  for  the  observation  of  the  non 
importation,  we,  as  above,  solemnly  agree  and  associate,  that 


THE   FIRST   CONTINENTAL  CONGRESS  429 

from  this  day,  we  will  not  purchase  or  use  any  tea,  imported  on 
account  of  the  East-India  company,  or  any  on  which  a  duty 
hath  been  or  shall  be  paid;  and  from  and  after  the  first  day 
of  March  next,  we  will  not  purchase  or  use  any  East-India 
tea  whatever ;  nor  will  we,  nor  shall  any  person  for  or  under 
us,  purchase  or  use  any  of  those  goods,  wares,  or  merchan 
dize,  we  have  agreed  not  to  import,  which  we  shall  know,  or 
have  cause  to  suspect,  were  imported  after  the  first  day  of 
December,  except  such  as  come  under  the  rules  and  directions 
of  the  tenth  article  hereafter  mentioned. 

Fourth,  The  earnest  desire  we  have  not  to  injure  our  fellow- 
subjects  in  Great-Britain,  Ireland,  or  the  West-Indies,  induces 
us  to  suspend  a  non-exportation,  until  the  tenth  day  of  Sep 
tember,  1775;  at  which  time,  if  the  said  acts  and  parts  of  acts 
of  the  British  parliament  herein  after  mentioned,  are  not 
repealed,  we  will  not  directly  or  indirectly,  export  any  mer 
chandize  or  commodity  whatsoever  to  Great-Britain,  Ireland, 
or  the  West-Indies,  except  rice  to  Europe. 

Fifth,  Such  as  are  merchants,  and  use  the  British  and  Irish 
trade,  will  give  orders,  as  soon  as  possible,  to  their  factors, 
agents  and  correspondents,  in  Great-Britain  and  Ireland,  not 
to  ship  any  goods  to  them,  on  any  pretence  whatsoever,  as 
they  cannot  be  received  in  America;  and  if  any  merchant, 
residing  in  Great-Britain  or  Ireland,  shall  directly  or  indirectly 
ship  any  goods,  wares  or  merchandize,  for  America,  in  order 
to  break  the  said  non-importation  agreement,  or  in  any  manner 
contravene  the  same,  on  such  unworthy  conduct  being  well 
attested,  it  ought  to  be  made  public ;  and,  on  the  same  being 
so  done,  we  will  not,  from  thenceforth,  have  any  commercial 
connexion  with  such  merchant. 

Sixth,  That  such  as  are  owners  of  vessels  will  give  positive 
orders  to  their  captains,  or  masters,  not  to  receive  on  board 
their  vessels  any  goods  prohibited  by  the  said  non-importation 
agreement,  on  pain  of  immediate  dismission  from  their  service. 

Seventh,  We  will  use  our  utmost  endeavours  to  improve  the 
breed  of  sheep,  and  increase  their  number  to  the  greatest 


430  REVOLUTIONARY  GOVERNMENTS 

extent ;  and  to  that  end,  we  will  kill  them  as  seldom  as  may  be, 
especially  those  of  the  most  profitable  kind;  nor  will  we 
export  any  to  the  West-Indies  or  elsewhere;  and  those  of  us, 
who  are  or  may  become  overstocked  with,  or  can  conveniently 
spare  any  sheep,  will  dispose  of  them  to  our  neighbours, 
especially  to  the  poorer  sort,  on  moderate  terms. 

Eighth,  We  will,  in  our  several  stations,  encourage  frugality, 
oeconomy,  and  industry,  and  promote  agriculture,  arts  and  the 
manufactures  of  this  country,  especially  that  of  wool ;  and 
will  discountenance  and  discourage  every  species  of  extrava 
gance  and  dissipation,  especially  all  horse-racing,  and  all  kinds 
of  gaming,  cock  fighting,  exhibitions  of  shews,  plays,  and 
other  expensive  diversions  and  entertainments  ;  and  on  the 
death  of  any  relation  or  friend,  none  of  us,  or  any  of  our 
families,  will  go  into  any  further  mourning-dress  than  a  black 
crape  or  ribbon  on  the  arm  or  hat,  for  gentlemen,  and  a  black 
ribbon  and  necklace  for  ladies,  and  we  will  discontinue  the 
giving  of  gloves  and  scarves  at  funerals. 

Ninth,  Such  as  are  venders  of  goods  or  merchandize  will 
not  take  advantage  of  the  scarcity  of  goods  that  may  be 
occasioned  by  this  association,  but  will  sell  the  same  at  the 
rates  we  have  been  respectively  accustomed  to  do,  for  twelve 
months  last  past. — And  if  any  vender  of  goods  or  merchan 
dize  shall  sell  such  goods  on  higher  terms,  or  shall,  in  any 
manner,  or  by  any  device  whatsoever,  violate  or  depart  from 
this  agreement,  no  person  ought,  nor  will  any  of  us  deal  with 
any  such  person,  or  his  or  her  factor  or  agent,  at  any  time 
thereafter,  for  any  commodity  whatever. 

Tenth,  In  case  any  merchant,  trader,  or  other  person,  shall 
import  any  goods  or  merchandize,  after  the  first  day  of  Decem 
ber,  and  before  the  first  day  of  February  next,  the  same  ought 
forthwith,  at  the  election  of  the  owner,  to  be  either  re-shipped 
or  delivered  up  to  the  committee  of  the  county  or  town, 
wherein  they  shall  be  imported,  to  be  stored  at  the  risque  of 
the  importer,  until  the  non-importation  agreement  shall  cease, 
or  be  sold  under  the  direction  of  the  committee  aforesaid; 


THE  FIRST  CONTINENTAL  CONGRESS  431 

and  in  the  last-mentioned  case,  the  owner  or  owners  of  such 
goods  shall  be  reimbursed  out  of  the  sales,  the  first  cost  and 
charges,  the  profit,  if  any,  to  be  applied  towards  relieving  and 
employing  such  poor  inhabitants  of  the  town  of  Boston,  as  are 
immediate  sufferers  by  the  Boston  port-bill ;  and  a  particular 
account  of  all  goods  so  returned,  stored,  or  sold,  to  be  inserted 
in  the  public  papers ;  and  if  any  goods  or  merchandizes  shall 
be  imported  after  the  said  first  day  of  February,  the  same 
ought  forthwith  to  be  sent  back  again,  without  breaking  any 
of  the  packages  thereof. 

Eleventh,  That  a  committee  be  chosen  in  every  county,  city, 
and  town,  by  those  who  are  qualified  to  vote  for  representa 
tives  in  the  legislature,  whose  business  it  shall  be  attentively 
to  observe  the  conduct  of  all  persons  touching  this  association ; 
and  when  it  shall  be  made  to  appear,  to  the  satisfaction  of  a 
majority  of  any  such  committee,  that  any  person  within  the 
limits  of  their  appointment  has  violated  this  association,  that 
such  majority  do  forthwith  cause  the  truth  of  the  case  to  be  pub 
lished  in  the  gazette  ;  to  the  end,  that  all  such  foes  to  the  rights 
of  British-America  may  be  publicly  known,  and  universally 
contemned  as  the  enemies  of  American  liberty  ;  and  thenceforth 
we  respectively  will  break  off  all  dealings  with  him  or  her. 

Twelfth,  That  the  committee  of  correspondence,  in  the 
respective  colonies,  do  frequently  inspect  the  entries  of  their 
custom-houses,  and  inform  each  other,  from  time  to  time,  of  the 
true  state  thereof,  and  of  every  other  material  circumstance 
that  may  occur  relative  to  this  association. 

Thirteenth,  That  all  manufactures  of  this  country  be  sold  at 
reasonable  prices,  so  that  no  undue  advantage  be  taken  of  a 
future  scarcity  of  goods. 

Fourteenth,  And  we  do  further  agree  and  resolve,  that  we 
will  have  no  trade,  commerce,  dealings  or  intercourse  whatso 
ever,  with  any  colony  or  province,  in  North- America,  which 
shall  not  accede  to,  or  which  shall  hereafter  violate  this  asso 
ciation,  but  will  hold  them  as  unworthy  of  the  rights  of  free 
men,  and  as  inimical  to  the  liberties  of  their  country. 


432  REVOLUTIONARY  GOVERNMENTS 

And  we  do  solemnly  bind  ourselves  and  our  constituents, 
under  the  ties  aforesaid,  to  adhere  to  this  association,  until 
such  parts  of  the  several  acts  of  parliament,  passed  since  the 
close  of  the  last  war,  as  impose  or  continue  duties  on  tea,  wine, 
molasses,  syrups,  paneles,  coffee,  sugar,  pimento,  indigo,  for 
eign  paper,  glass,  and  painters  colours,  imported  into  America, 
and  extend  the  powers  of  the  admiralty  courts  beyond  their 
ancient  limits,  deprive  the  American  subject  of  trial  by 
jury,  authorise  the  judge's  certificate  to  indemnify  the  prose 
cutor  from  damages,  that  he  might  otherwise  be  liable  to, 
from  a  trial  by  his  peers,  require  oppressive  security  from  a 
claimant  of  ships  or  goods  seized,  before  he  shall  be  allowed 
to  defend  his  property,  are  repealed.  —  And  until  that  part  of 
the  act  of  the  12.  G.  3.  ch.  24.  entitled,  "  An  act  for  the  better 
securing  his  majesty's  dock-yards,  magazines,  ships,  ammuni 
tion,  and  stores,"  by  which  any  persons  charged  with  commit 
ting  any  of  the  offences  therein  described,  in  America,  may  be 
tried  in  any  shire  or  county  within  the  realm,  is  repealed  — 
and  until  the  four  acts,  passed  the  last  session  of  parliament, 
viz.  that  for  stopping  the  port  and  blocking  up  the  harbour 
of  Boston  —  that  for  altering  the  charter  and  government  of 
the  Massachusetts-Bay  —  and  that  which  is  entitled,  "  An  act 
for  the  better  administration  of  justice,  etc."  —  and  that  "For 
extending  the  limits  of  Quebec,  etc."  are  repealed.  And  we 
recommend  it  to  the  provincial  conventions,  and  to  the  com 
mittees  in  the  respective  colonies,  to  establish  such  farther 
regulations  as  they  may  think  proper,  for  carrying  into  execu 
tion  this  association. 

131.  Prince  William  County  (Virginia)  Committee,  Approval  of 
the  Association 

Force,  American  Archives,  Fourth  Series,  I,  1034. 

In  consequence  of  the  eleventh  Resolution  of  the  Continental 
Congress,  the  Freeholders  of  the  County  of  Prince  William,  be 
ing  convened  at  the  house  of  William  Reno  on  Monday,  the 


CONVENTIONS  BECOME  GOVERNMENTS        433 

9th  day  of  December,  1774,  proceeded  to  elect  the  following 
gentlemen  as  a  Committee  for  the  said  County:  [25  names]. 

[Notice  of  the  organization  of  the  Committee  by  election  of  its 
chairman  and  clerk  —  and  then  a  series  of  six  resolutions 
adopted  by  it.  Four  of  them  are  given  below.] 

Resolved,  That  the  thanks  of  the  Committee  are  due  to  the 
Deputies  of  this  Colony,  for  their  wise,  firm,  and  patriotick 
conduct  in  the  late  Continental  Congress. 

Resolved,  That  whenever  there  appears  .  .  .  cause  to  suspect 
that  any  Merchant  ...  of  this  County  has  violated  the 
Association  ...  by  raising  the  price  of  his  Goods,  such 
Trader  be  called  upon  to  show  his  day-books  and  invoices,  to 
clear  up  such  suspicion;  and  that,  in  case  of  refusal,  he  be 
deemed  guilty  .  .  .  and  subject  to  the  penalties  in  such  case 
provided.  .  .  . 

Resolved,  That  all  publick  Balls  and  Entertainments  be 
discountenanced  in  this  county  from  this  time,  as  contrary  to 
the  sentiments  of  the  Continental  Congress.  .  .  . 

Resolved,  That  no  person  in  this  County  ought  to  purchase 
more  Goods  in  one  year  than  he  has  been  accustomed  to  do  .  .  . 
that  the  poor  .  .  .  may  not  be  distressed  by  wealthy  designing 
men. 

By  order —  Evan  Williams,  Clerk. 

132.  Virginia  County  "Conventions"  become  De  Facto 
Governments 

Force,  American  Archives,  Fourth  Series,  I,  1145. 

For  the  occasion  for  the  "  second  conventions  "  in  the  various  colonies  in 
the  winter  of  1774-5,  cf.  American  History  and  Government,  §  143. 

The  Virginia  Convention  of  August  1-6,  1774,  had  appointed  delegates 
to  the  Continental  Congress  to  be  held  in  September  at  Philadelphia,  and 
adjourned  after  authorizing  its  chairman  to  call  another  convention  when 
necessary.  It  was  only  an  informal  conference. 

In  December,  a  Second  Maryland  Convention  virtually  became  a  de  facto 
government,  arming  the  province  for  defense  against  England.  This 
example  was  followed  promptly  in  single  counties  in  Virginia,  —  first  in 
George  Washington's  County. 


434  REVOLUTIONARY   GOVERNMENTS 

[Extracts  from  the  Proceedings  of  the  Committee  of  Fairfax 
County,  on  the  17th  of  January  1175.'} 

George  Washington,  Esquire,  Chairman, 
Robert  H.  Harrison,  Clerk  : 

Resolved,  That  the  defenceless  state  of  this  County  renders 
it  indispensably  neccessary  that  a  quantity  of  Ammunition 
should  be  immediately  provided ;  and  as  the  same  will  be  for 
the  common  benefit,  protection,  and  defence  of  the  inhabitants 
thereof,  it  is  but  just  and  reasonable  that  the  expenses  incurred 
in  procuring  the  same  should  be  defrayed  by  a  general  and 
equal  contribution.  It  is  therefore  recommended  that  the  sum 
of  three  Shillings  per  poll,  for  the  purpose  aforesaid,  be  paid 
by  and  for  every  tithable  person  in  this  County,  to  the 
Sheriff,  or  such  other  Collector  as  may  be  appointed,  who  is  to 
render  the  same  to  this  Committee,  with  a  list  of  the  names 
of  such  persons  as  shall  refuse  to  pay  the  same,  if  any  such 
there  be. 

Resolved,  That  this  Committee  do  concur  in  opinion  with  the 
Provincial  Committee  of  the  Province  of  Maryland,  that  a 
well  regulated  Militia,  composed  of  gentlemen  freeholders,  and 
other  freemen,  is  the  natural  strength  and  only  stable  security 
of  a  free  Government,  and  that  such  Militia  will  relieve  our 
mother  country  from  any  expense  in  our  protection  and  de 
fence,  will  obviate  the  pretence  of  a  necessity  for  taxing  us  on 
that  account,  and  render  it  unnecessary  to  keep  Standing 
Armies  among  us  —  ever  dangerous  to  liberty  ;  and  therefore 
it  is  recommended  to  such  of  the  inhabitants  of  this  County  as 
are  from  sixteen  to  fifty  years  of  age,  to  form  themselves  into 
Companies  of  sixty-eight  men;  to  choose  a  Captain,  two 
Lieutenants,  an  Ensign,  four  Sergeants,  four  Corporals,  and 
one  Drummer,  for  each  Company ;  that  they  provide  them 
selves  with  good  Firelocks,  and  use  their  utmost  endeavours  to 
make  themselves  masters  of  the  Military  Exercise,  published 
by  order  of  his  Majesty  in  1764,  and  recommended  by  the 
Provincial  Congress  of  the  Massachusetts  Bay,  on  the  29th 
of  October  last. 


CONVENTIONS  BECOME   GOVERNMENTS       435 

133.  Virginia  Provincial  Conventions  become  Governments 
(March-July,  1775) 

a.   County  Instructions  to  Delegates 
Force,  American  Archives,  Fourth  Series,  II,  3. 

Instructions  from  the  Freeholders  of  Cumberland  County 

Virginia. 
To  John  Mayo  and  William  Fleming,  Gentlemen  [Delegates  of 

Cumberland  County  to  the  Second  Virginia  Convention, 

to  be  held  in  March,  1775.] 

We,  the  Freeholders  of  Cumberland  County,  having  elected 
you  to  represent  us  in  a  Provincial  Convention,1  to  be  held  in 
the  Town  of  Richmond,  on  Monday,  the  20th  of  this  instant, 
and  being  convinced  that  the  safety  and  happiness  of  British 
America  depend  upon  the  unanimity,  firmness  and  joint  efforts 
of  all  the  Colonies,  we  expect  you  will,  on  your  parts,  let  your 
measures  be  as  much  for  the  common  safety  as  the  peculiar 
interests  of  this  Colony  will  permit,  and  that  you,  in  par 
ticular,  comply  with  the  recommendation  of  the  Continental 
Congress,  in  appointing  Delegates  to  meet  in  the  City  of 
Philadelphia,  in  May  next. 

The  means  of  Constitutional  legislation  in  this  Colony  being  now 
interrupted,  and  entirely  precarious,  and  being  convinced  that  some 
rule  is  necessary  for  speedily  putting  the  Colony  in  a  state  of  defence, 
we,  in  an  especial  manner,  recommend  this  matter  to  your  considera 
tion  in  Convention ;  and  you  may  depend  that  any  general  tax,  by 
that  body  imposed,  for  such  purposes,  will  be  cheerfully  submitted 
to,  and  paid  by  the  inhabitants  of  this  County.2 


iThis  convention  had  finally  been  called  in  January  by  Peyton  Randolph, 
chairman  of  the  preceding  convention,  according  to  authorization  by  body. 
Cf.  introduction  to  No.  137,  above.  The  work  of  the  Convention  is  given  in 
No.  139. 

2  Observe  the  authorization  to  raise  money  by  taxation,  —  a  special  pre 
rogative  of  government. 


436  REVOLUTIONARY  GOVERNMENTS 

b.  The  Second  Virginia  Convention  (March  20-27 , 
1775}  arms  the  Colony  for  War 

Force,  American  Archives,  Fourth  Series,  II,  165-172. 

At  a  Convention  of  Delegates  for  the  Counties  and  Corpo 
rations  in  the  Colony  of  Virginia,  at  the  Town  of  Richmond, 
in  the  County  of  Henrico,  on  Monday,  the  20th  of  March,  1775. 
[Present :  120  names.]  .  .  . 

#  #  #  #  *  =*  •* 

The  Honourable  Peyton  Randolph,  Esquire,  was  unanimously 
elected  President  of  this  Convention,  and  Mr.  John  Tazewell, 
Clerk  thereof. 

The  President  then  recommended  it  to  the  Convention  to 
proceed  in  the  deliberation  and  discussion  of  the  several 
important  matters  which  should  come  before  them,  with  that 
prudence,  decency,  and  order  which  had  distinguished  their 
conduct  on  all  former  occasions;  and  laid  before  the  Con 
vention  the  proceedings  of  the  Continental  Congress.  .  .  . 

Resolved,  That  this  Convention  will  observe,  in  their  debates, 
the  same  rules  and  orders  as  are  established  in  the  House  of 
Burgesses  in  this  Colony. 

Adjourned  till  to-morrow  10  o'clock. 

March  21.  .  .  .  Resolved  unanimously,  That  this  Convention 
doth  entirely  and  cordially  approve  the  Proceedings  and  Resolutions 
of  the  American  Continental  Congress  [the  "First  Continental  Con 
gress  "],  and  that  they  consider  this  whole  Continent  as  under  the 
highest  obligations  to  that  very  respectable  body,  for  the  wisdom  of 
their  counsels,  and  their  unremitted  endeavours  to  maintain  and  pre 
serve  inviolate  the  just  rights  and  liberties  of  His  Majesty's  dutiful 
and  loyal  subjects  in  America. 

Resolved  unanimously,  That  the  warmest  thanks  of  this  Con 
vention,  and  all  the  inhabitants  of  this  Colony,  whom  they 
represent,  are  particularly  due,  and  that  this  just  tribute  of 
applause  be  presented,  to  the  Honourable  Peyton  Randoph, 
Esquire,  Richard  Henry  Lee,  George  Washington,  Patrick 


CONVENTIONS  BECOME    GOVERNMENTS        437 

Henry,  Junior,  Richard  Bland,  Benjamin  Harrison,  and  Edmund 
Pendleton,  Esquires,  the  worthy  Delegates  deputed  by  a  former 
Convention  to  represent  this  Colony  in  General  Congress,  for 
their  cheerful  undertaking,  and  faithful  discharge  of  the  very 
important  trust  reposed  in  them. 

Adjourned  till  to-morrow  10  o'clock. 

March  22.  ...  Resolved,  That  a  well  regulated  Militia, 
composed  of  Gentlemen  and  Yeomen,  is  the  natural  strength,  and 
only  security  of  a  free  Government ;  that  such  a  Militia  in  this 
Colony  would  for  ever  render  it  unnecessary  for  the  Mother 
Country  to  keep  among  us,  for  the  purpose  of  our  defence,  any 
Standing  Army  of  mercenary  forces,  always  subversive  of  the 
quiet,  and  dangerous  to  the  liberties  of  the  people,  and  would 
obviate  the  pretext  of  taxing  us  for  their  support. 

That  the  establishment  of  such  a  Militia  is  at  this  time 
peculiarly  necessary,  by  the  state  of  our  laws  for  the  protection 
and  defence  of  the  Country,  some  of  which  have  already  ex 
pired,  and  others  will  shortly  do  so ;  and  that  the  known  re- 
inissness  of  Government,  in  calling  us  together  in  a  legislative 
capacity  renders  it  too  insecure,  in  this  time  of  danger  and  dis 
tress  to  rely,  that  opportunity  will  be  given  of  renewing  them 
in  General  Assembly,  or  making  any  provision  to  secure  our 
inestimable  rights  and  liberties  from  those  farther  violations 
with  which  they  are  threatened. 

Resolved  therefore,  That  this  Colony  be  immediately  put  into 
a  posture  of  defence ;  and  that  Patrick  Henry,  Richard  Henry 
Lee,  Robert  Carter  Nicholas,  Benjamin  Harrison,  Lemuel  Rid- 
dick,  George  Washington,  Adam  Stephen,  Andrew  Lewis, 
William  Christian,  Edmund  Pendleton,  Thomas  Jefferson,  and 
Isaac  Zane,  Esquires,  be  a  Committee  to  prepare  a  plan  for  the 
embodying,  arming,  and  disciplining  such  a  number  of  men  as 
may  be  sufficient  for  that  purpose. 

Adjourned  till  to-morrow  10  o'clock.  .  .  . 

Saturday,  March  25,  1775.  .  .  .  Resolved,  As  the  opinion 
of  this  Convention,  that,  on  account  of  the  unhappy  disputes 
between  Great  Britain  and  the  Colonies,  and  the  unsettled  state 


438  REVOLUTIONARY  GOVERNMENTS 

of  this  Country,  the  lawyers,  suitors,  and  witnesses  ought  not 
to  attend  the  prosecution  or  defence  of  civil  suits  at  the  next 
General  Court ;  and  it  is  recommended  to  the  several  Courts  of 
Justice  not  to  proceed  to  the  hearing  or  determination  of  suits 
on  their  dockets,  except  attachments;  nor  to  give  judgments 
but  in  the  case  of 'Sheriffs  or  other  collectors  for  Money  or 
Tobacco  received  by  them  ;  in  other  cases,  where  such  judgment 
shall  be  voluntarily  confessed;  or  upon  such  amicable  proceed 
ings  as  may  become  necessary  for  the  settlement,  division,  or 
distribution  of  estates.  And,  during  this  suspension  of  the 
administration  of  justice,  it  is  earnestly  recommended  to  the 
people  to  observe  a  peaceable  and  orderly  behaviour;  to  all 
creditors  to  be  as  indulgent  to  their  debtors  as  may  be ;  to  all 
debtors  to  pay  as  far  as  they  are  able ;  and  where  differences 
may  arise  which  cannot  be  adjusted  between  the  parties,  that 
they  refer  the  decision  thereof  to  judicious  neighbours,  and 
abide  by  their  determination. 

The  Convention  then  took  into  their  consideration,  according 
to  the  order  of  yesterday,  the  plan  for  embodying,  arming  and 
disciplining  the  Militia ;  which,  being  read,  and  amended,  was 
unanimously  agreed  to,  as  follows : 


The  committee  are  further  of  opinion  that,  as  from  the  expira 
tion  of  the  above-mentioned  latter  laws,  and  various  other  causes, 
the  legal  and  necessary  disciplining  the  Militia  has  been  much 
neglected,  and  a  proper  provision  of  Arms  and  Ammunition  has 
not  been  made,  to  the  evident  danger  of  the  community  in  case 
of  invasion  or  insurrection,  it  be  recommended  to  the  inhabitants 
of  the  several  Counties  of  this  Colony  that  they  form  one  or  more 
volunteer  Companies  of  Infantry  and  Troops  of  Horse,  in  each  County, 
and  to  be  in  constant  training  and  readiness  to  act  on  any  emer 
gency. 

******* 

That,  in  order  to  make  a  further  and  more  ample  provision  of 
Amunition,  it  be  recommended  to  the  Committees  of  the  several 


CONVENTIONS  BECOME   GOVERNMENTS        439 

Counties,  that  they  collect  from  their  Constituents,  in  such  manner 
as  shall  be  most  agreeable  to  them,  so  much  money  as  will  be  suf 
ficient  to  purchase  half  a  pound  of  Gunpowder,  one  pound  of  Lead, 
necessary  Flints  and  Cartridge  Paper,  and  dispose  thereof,  when 
procured,  in  such  place  or  places  of  safety  as  they  may  think  best; 
and  it  is  earnestly  recommended  to  each  individual  to  pay  such 
proportion  of  the  money  necessary  for  these  purposes  as  by  the 
respective  Committees  shall  be  judged  requisite. 

That  as  it  may  happen  that  some  Counties,  from  their  situa 
tion,  may  not  be  apprized  of  the  most  certain  and  speedy 
method  of  procuring  the  articles  before-mentioned,  one  General 
Committee  should  be  appointed,  whose  business  it  should  be 
to  procure,  for  such  Counties  as  may  make  application  to  them, 
such  articles,  and  so  much  thereof  as  the  moneys  wherewith 
they  shall  furnish  the  said  Committee  with  purchase,  after 
deducting  the  charges  of  transportation,  and  other  necessary 
expenses. 

Resolved,  That  Robert  Carter  Nicholas,  Thomas  Nelson,  and 
Thomas  Whiting,  Esquires,  or  any  two  of  them,  be  a  Committee 
for  the  purpose  afore-mentioned. 

.  .  .  Resolved,  That  Robert  Carter  Nicholas,  Richard  Bland, 
James  Mercer,  Edmund  Pendleton,  Archibald  Car?/,  Charles 
Carter  of  Stafford,  Benjamin  Harrison,  Richard  Henry  Lee, 
Josias  Clapham,  George  Washington,  Patrick  Henry,  James 
Holt,  and  Thomas  Newton,  Esquires,  be  a  Committee  to  prepare 
a  plan  for  the  encouragement  of  Arts  and  Manufactures  in 
this  Colony. 

The  Convention  then  proceeded  to  the  election  of  Delegates  by 
ballot,  to  represent  this  Colony  in  General  Congress,  to  be  held 
at  the  City  of  Philadelphia,  on  the  loth  day  of  May  next;  when 
the  Honourable  Peyton  Randolph,  Esquire,  George  Washington, 
Patrick  Henry,  Richard  Henry  Lee,  Edmund  Pendleton,  Benjamin 
Harrison,  and  Richard  Bland,  Esquires,  were  chosen  for  that 
purpose. 

Resolved,  That  Robert  Carter  Nicholas,  Esquire,  be  desired  to  lay 
before  the  Convention,  on  Monday  next,  an  account  of  the  Money 


440  REVOLUTIONARY  GOVERNMENTS 

received  from  the  several  Counties  and  Corporations  in  this  Colony, 
for  the  use  of  the  Delegates  sent  to  represent  this  Colony  in 
General  Congress. 

Adjourned  till  Monday,  10  o'clock. 

March  27  ...  Resolved  unanimously,  That  from  and  after 
the  first  day  of  May  next,  no  person  or  persons  whatever 
ought  to  use,  in  his  or  their  families,  unless  in  case  of  neces 
sity,  and  on  no  account  to  sell  to  butchers,  or  kill  for  market, 
any  Sheep  under  four  years  old ;  and  where  there  is  necessity 
for  using  any  mutton  in  his,  her,  or  their  families,  it  is  rec 
ommended  to  kill  such  only  as  are  least  profitable  to  be  kept. 

Resolved  unanimously,  That  the  setting  up  and  promoting 
Woollen,  Cotton,  and  Linen  Manufactures  ought  to  be  en 
couraged  in  as  many  different  branches  as  possible,  especially 
Coating,  Flannel,  Blankets,  Rugs,  or  Coverlids,  Hosiery,  and 
coarse  Cloths,  both  broad  and  narrow. 


Resolved  unanimously,  As  Salt  is  a  daily  and  indispensable 
necessary  of  life,  and  the  making  of  it  amongst  ourselves  must 
be  deemed  a  valuable  acquisition,  it  is  therefore  recommended 
that  the  utmost  endeavours  be  used  to  establish  Salt  Works, 
and  that  proper  encouragement  be  given  to  Mr.  James  Tait, 
who  hath  made  proposals,  and  offered  a  scheme  to  the  publick, 
for  so  desirable  a  purpose. 

Resolved  unanimously,  That  Saltpetre  and  Sulphur,  being  articles 
of  great  and  necessary  use,  the  making,  collecting,  and  refining 
them  to  the  utmost  extent,  be  recommended,  the  Convention  being 
of  opinion  that  it  may  be  done  to  great  advantage. 

Resolved  unanimously,  That  the  making  of  Gunpowder  be  rec 
ommended. 

Resolved  unanimously,  That  the  manufacturing  of  iron  into  Nails 
and  Wire,  and  other  necessary  articles,  be  recommended. 

Resolved  unanimously,  That  the  making  of  Steel  ought  to  be 
largely  encouraged,  as  there  will  be  a  great  demand  for  this 
article. 


CONVENTIONS  BECOME   GOVERNMENTS       441 

Resolved  unanimously,  That  the  making  of  different  kinds 
of  Paper  ought  to  be  encouraged ;  and  as  the  success  of  this 
branch  depends  on  a  supply  of  old  Linen  and  Woollen  Rags, 
the  inhabitants  of  this  Colony  are  desired,  in  their  respective 
families,  to  preserve  these  articles. 

Resolved  unanimously,  That  whereas  Wool  Combs,  Cotton 
and  Wool  Cards,  Hemp  and  Flax  Heckles,  have  been  for  some 
time  made  to  advantage  in  some  of  the  neighbouring  Colonies, 
and  are  necessary  for  carrying  on  Linen  and  Woollen  Manu 
factures,  the  establishing  such  Manufactures  be  recommended. 

Resolved  unanimously,  That  the  erecting  Fulling  Mills  and 
mills  for  breaking,  swingling,  and  softening  Hemp  and  Flax, 
and  also  the  making  Grindstones  be  recommended. 

Resolved  unanimously,  That  the  brewing  Malt  Liquors  in  this 
Colony  would  tend  to  render  the  consumption  of  foreign 
Liquors  less  necessary.  It  is  therefore  recommended  that 
proper  attention  be  given  to  the  cultivation  of  Hops  and 
Barley. 

Resolved  unanimously,  That  it  be  recommended  to  all  the 
inhabitants  of  this  Colony,  that  they  use,  as  the  Convention 
engageth  to  do,  our  own  Manufactures,  and  those  of  other 
Colonies,  in  preference  to  all  others. 

*  *  *  *  #  *  # 

The  Members  of  the  Convention  then,  in  order  to  encourage 
Mr.  James  Tait,  who  is  about  to  erect  Salt  Works,  undertook, 
for  their  respective  Counties,  to  pay  the  sum  of  Ten  Pounds 
to  Robert  Carter  Nicholas,  Esquire,  for  the  use  of  the  said 
James  Tait,  on  or  before  the  10th  day  of  May  next. 

=*  #  *  #  #  *  =* 

Resolved,  That  this  Convention  doth  consider  the  delegation  of 
its  members  as  now  at  an  end  ;  and  that  it  is  recommended  to  the 
People  of  this  Colony  to  choose  Delegates  to  represent  them  in 
Convention  for  one  year,  as  soon  as  they  conveniently  can. 
Peyton  Randolph,  President. 
John  Tazewell,  Clerk  of  the  Convention. 


442  REVOLUTIONARY   GOVERNMENTS 

c.  [  The  Third  Virginia  Convention,  pursuant  to  the  call  in  the  closing 
recommendation  of  the  Second,  met  July  17,  1775,  and  adopted  the  forms 
of  a  legislative  body,  giving  bills  three  readings,  etc.  The  first  resolution 
read  .  .  . 

"  That  this  Convention  will  observe,  in  their  debates  and  proceedings, 
the  same  Rules  and  Orders  as  are  established  in  the  House  of  Burgesses 
of  this  Colony."  Cf.  with  the  corresponding  Resolution  of  the  Second 
Convention  above  ;  note  significance  of  the  two  additional  words.  That 
significance  is  brought  out  clearly  in  the  postscript  of  a  letter  from  George 
Mason*  to  a  friend,  August  22: 

"P.  S.  Every  ordinance  goes  thro'  all  the  Formalities  of  a  Bill  in  the 
House  of  Burgesses,  has  three  Readings,  etc.  before  it  is  passed,  and  in 
every  respect  wears  the  Face  of  Law,  —  Resolves,  as  recommendations, 
being  no  longer  trusted  to.  .  .  ."  (Virginia  Calendar  of  State  Papers,  I, 
269.) 

Thus  the  Third  Convention  was  a  "government"  in  style  as  well  as 
in  fact.  It  held  two  busy  sessions  ;  and,  in  January,  1776,  though  its 
"year"  was  not  up,  it  adjourned,  to  give  place  to  a  new  Convention 
freshly  instructed  from  the  people.] 


XXIII.     INDEPENDENCE 

Cf.  American  History  and  Government  (§§  146-150)  for  additional 
comment  and  narrative,  and  suggestions  as  to  bibliography,  on  each  of 
thl  following  numbers,  134-139.  Many  short  extracts  are  there  given 
from  documents  which,  on  that  account,  are  not  reproduced  here,  — 
notably  from  Paine's  Common  Sense. 

134.  Virginia  County  Instructions  for  Independence,  April  23,  1776 

Force,  American  Archives,  Fourth  Series,  V,  1034-1035. 

The  following  instructions  from  a  county  meeting  of  Charlotte  County, 
Virginia,  to  delegates  for  the  next  Virginia  Convention  [to  meet  May  6] 
show  that  that  body  was  at  least  partially  authorized  to  take  its  momentous 
action  of  adopting  a  State  constitution  and  of  instructing  the  Virginia  del 
egates  at  Philadelphia  to  move  for  independence.  Note  that  the  King, 
to  whom  all  earlier  documents  had  professed  loyalty,  is  here  coupled  with 
the  ministry  and  parliament.  Other  counties  gave  similar  instruction. 
Cf.  Force,  V,  1046. 

To  Paul  Carrinyton,  and   Thomas  Read,  Esq's.  : 

Gentlemen  :  When  we  consider  the  despotick  plan  adopted  by 
the  King,  Ministry  and  Parliament  of  Great  Britain,  insidiously 
pursued  for  these  twelve  years  past,  to  enslave  America  ;  when 
we  consider  that  they  have  turned  a  deaf  ear  to  the  repeated 
petitions  and  remonstrances  of  this  and  our  sister  Colonies, 
and  that  they  have  been  equally  inattentive  to  the  rights  of 
freemen  and  the  British  Constitution ;  and  when  we  consider  * 
that  they  have  for  some  time  been  endeavouring  to  enforce 
their  arbitrary  mandates  by  fire  and  sword,  and  likewise 
encouraging,  by  every  means  in  their  power,  our  savage  neigh 
bours,  and  our  more  savage  domesticks,  to  spill  the  blood 
of  our  wives  and  children ;  and  to  crown  the  whole,  they  have 
added  insult  to  their  injustice  and  cruelty,  by  repeatedly  pre 
tending  to  hold  out  the  olive  branch  of  peace  in  such  a  way  as 
teacheth  us  that  they  are  determined  to  persist  in  their  hellish 

443 


444  INDEPENDENCE 

designs,  and  that  nothing  is  intended  for  us  but  the  most 
abject  slavery.  .  .  . 

Therefore  despairing  of  any  redress  of  our  grievances  from  the 
King  and  Parliament  of  Great  Britain,  and  all  hopes  of  a  recon 
ciliation  between  her  and  the  United  Colonies  being  now  at  an 
end,  and  being  concious  that  their  treatment  has  been  such  as 
loyal  subjects  did  not  deserve,  and  to  which  as  freemen,  we  |re 
determined  not  to  submit ;  by  the  unanimous  approbation  and 
direction  of  the  whole  freeholders,  and  all  the  other  inhabitants 
of  this  County,  we  advise  and  instruct  you,  cheerfully  to  concur 
and  give  your  best  assistance  in  our  Convention,  to  push  to  the 
utmost  a  war  offensive  and  defensive  until  you  are  certified  that 
such  proposals  of  peace  are'made  to  our  General  Congress  as  shall 
by  them  be  judged  just  and  friendly.  And  because  the  advan 
tages  of  a  trade  will  better  enable  us  to  pay  the  taxes,  and  procure 
the  necessaries  for  carrying  on  a  war,  and  in  our  present  cir 
cumstances  this  cannot  be  had  without  a  Declaration  of  Inde 
pendence  ;  therefore,  if  no  such  proposals  of  peace  shall  be 
made,  we  judge  it  to  be  a  dictate  of  the  first  law  of  nature,  to 
continue  to  oppose  every  attempt  on  our  lives  and  properties ; 
and  we  give  it  you  in  charge,  to  use  your  best  endeavours 
that  the  Delegates  which  are  sent  to  the  General  Congress  be  in 
structed  immediately  to  cast  off  the  British  yoke,  and  to  enter  into 
a  commercial  alliance  with  any  nation  or  nations  friendly  to 
our  cause.  And  as  King  George  the  Third  of  Great  Britain 
etc.,  has  manifested  deliberate  enmity  towards  us,  and  under 
the  character  of  a  parent  persists  in  behaving  as  a  tyrant,  that 
they,  in  our  behalf  renounce  allegiance  to  him  for  ever ;  and 
that,  taking  God  of  Heaven  to  be  our  King,  and  depending  upon 
His  protection  and  assistance,  they  plan  out  that  form  of  Govern 
ment  which  may  the  more  effectually  secure  to  us  the  enjoyment 
of  our  civil  and  religious  rights  and  privileges,  to  the  latest  poster- 
ity 

Ordered,  That  the  above  Resolves  be  published  in  the  Vir 
ginian  Gazette. 

By  order:  William  Jameson,  Clerk. 


VIRGINIA  INSTRUCTIONS  445 

135.  Instructions  for  Independence  in  the  Virginia  Convention  (and 
Resolutions  for  an  Independent  State  Government),  May  15,  1776 l 

Force,  American  Archives,  Fourth  Series,  VI,  461-462. 

The  Fourth  Virginia  Convention  met  May  6,  elected  on  the  recommenda 
tion  of  the  preceding  Convention  (see  No.  133  c,  close).  On  the  9th  the 
Convention  voted  to  go  next  day  into  Committee  of  the  Whole  to  con 
sider  the  state  of  the  colony  (which  meant  to  take  up  the  matter  of 
independence  and  a  State  government).  Military  needs,  however,  delayed 
the  consideration  until  the  14th.  On  that  day  and  the  15th,  the  questions 
were  debated,  and,  on  the  15th,  the  Committee  rose  and  reported  to  the 
Convention  the  resolutions  below,  which  were  unanimously  adopted.  For 
a  more  detailed  story,  see  American  History  and  Government,  §  148  ;  but 
it  should  be  seen  here  clearly  that  the  Convention  instructed  its  delegates 
in  the  Continental  Congress  to  secure  a  general  declaration  of  Independ 
ence  for  all  the  colonies,  and  that,  at  the  same  time,  it  began  the  work  of  a 
permanent  independent  constitution  for  Virginia. 

[The  first  half  of  the  document  is  a  preamble  stating  the 
grievances  of  the  colonies.].  .  .  In  this  state  of  extreme 
danger,  we  have  no  alternative  left  but  an  abject  submission 
to  the  will  of  those  overbearing  tyrants  or  a  total  separation 
from  the  crown  and  government  of  Great  Britain,  uniting  and 
exerting  the  strength  of  all  America  for  defence,  and  forming 
alliances  with  foreign  powers  for  commerce  and  aid  in  war : 
Wherefore,  appealing  to  the  Searcher  of  Hearts  for  the  sin 
cerity  of  former  declarations  expressing  our  desire  to  preserve 
the  connection  with  that  nation,  and  that  we  are  driven  from 
that  inclination  by  their  wicked  councils  and  the  eternal  laws 
of  self-preservation ; 

Resolved,  unanimously,  That  the  delegates  appointed  to 
represent  this  colony  in  General  Congress  be  instructed  to 
propose  to  that  respectable  body  to  declare  the  United  Col 
onies  free  and  independent  States,  absolved  from  all  allegiance 

1  For  the  recommendation  of  Congress,  on  this  same  day,  regarding  setting 
up  State,  governments,  cf.  American  History  and  Government,  §  148.  (For 
earlier  recommendations  as  to  temporary  governments,  cf.  ib.)  This  action, 
of  course,  was  not  known  in  Virginia  when  this  Convention  took  action  regard 
ing  independence  and  a  permanent  State  constitution. 


446  INDEPENDENCE 

to  or  dependence  upon  the  Crown  or  parliament  of  Great 
Britain ;  and  that  they  give  the  assent  of  this  colony  to  such 
declaration,  and  to  whatever  measures  may  be  thought  proper 
and  necessary  by  the  Congress  for  forming  foreign  alliances 
and  a  confederation  of  the  colonies,  at  such  time,  and  in  such 
manner,  as  to  them  shall  seem  best :  Provided  that  the  power 
of  forming  government  for,  and  the  regulation  of,  the  inter 
nal  concerns  of  each  colony,  be  left  to  the  respective  colonial 
legislatures. 

Resolved  unanimously,  That  a  committee  be  appointed  to 
prepare  a  DECLARATION  OF  RIGHTS  and  such  a  plan  of  govern 
ment  as  will  be  most  likely  to  maintain  peace  and  order  in 
this  colony,  and  secure  substantial  and  equal  liberty  to  the 
people. 

136.   The  Virginia  Bill  of  Rights,  June  12,  1776 

Poore,  Charters  and  Constitutions,  II,  1908-1909.  Cf.  No.  135  for 
history.  This  bill  of  rights  was  reported  by  a  committee  to  the  Virginia 
Convention  on  May  27,  and  adopted  unanimously  on  June  12.  It  was 
the  model,  often  followed  closely,  for  similar  bills  in  other  states.  See 
comment  at  close. 

A  declaration  of  rights  made  by  the  representatives  of  the  good 
people  of  Virginia,  assembled  in  full  and  free  convention;  which 
rights  do  pertain  to  them  and  their  posterity,  as  the  basis  and 
foundation  of  government. 

SECTION  1.  That  all  men  are  by  nature  equally  free  and 
independent,  and  have  certain  inherent  rights,  of  which,  when 
they  enter  into  a  state  of  society,  they  cannot,  by  any  compact, 
deprive  or  divest  their  posterity ;  namely,  the  enjoyment  of 
life  and  liberty,  with  the  means  of  acquiring  and  possessing 
property,  and  pursuing  and  obtaining  happiness  and  safety. 

SECTION  2.  That  all  power  is  vested  in,  and  consequently 
derived  from,  the  people  ;  that  magistrates  are  their  trustees 
and  servants,  and  at  all  times  amenable  to  them. 

SECTION  3.  That  government  is,  or  ought  to  be,  instituted 
for  the  common  benefit,  protection,  and  security  of  the  people, 


VIRGINIA  BILL  OF  RIGHTS,  JUNE   12,   1776     447 

nation,  or  community  ;  of  all  the  various  modes  and  forms  of 
government,  that  is  best  which  is  capable  of  producing  the 
greatest  degree  of  happiness  and  safety,  and  is  most  effectually 
secured  against  the  danger  of  maladministration ;  and  that, 
when  any  government  shall  be  found  inadequate  or  contrary 
to  these  purposes,  a  majority  of  the  community  hath  an  in 
dubitable,  inalienable,  and  indefeasible  right  to  reform,  alter, 
or  abolish  it  in  such  manner  as  shall  be  judged  most  condu 
cive  to  the  public  weal. 

SECTION  4.  That  no  man,  or  set  of  men,  are  entitled  to  ex 
clusive  or  separate  emoluments  or  privileges  from  the  commu 
nity,  but  in  consideration  of  public  services ;  which,  not  being 
descendible,  neither  ought  the  offices  of  magistrate,  legislator, 
or  judge  to  be  hereditary. 

SECTION  5.  That  the  legislative  and  executive  powers  of 
the  State  should  be  separate  and  distinct  from  the  judiciary; 
and  that  the  members  of  the  two  first  may  be  restrained  from 
oppression,  by  feeling  and  participating  in  the  burdens  of  the 
people,  they  should,  at  fixed  periods,  be  reduced  to  a  private 
station,  return  into  that  body  from  which  they  were  originally 
taken,  and  the  vacancies  be  supplied  by  frequent,  certain,  and 
regular  elections,  in  which  all,  or  any  part  of  the  former  mem 
bers  to  be  again  eligible,  or  ineligible,  as  the  laws  shall  direct. 

SECTION  6.  That  elections  of  members  to  serve  as  represen 
tatives  of  the  people,  in  assembly,  ought  to  be  free ;  and  that 
all  men,  having  sufficient  evidence  of  permanent  common  in 
terest  with,  and  attachment  to,  the  community,  have  the  right 
of  suffrage,  and  cannot  be  taxed  or  deprived  of  their  property 
for  public  uses,  without  their  own  consent,  or  that  of  their  rep 
resentatives  so  elected,  nor  bound  by  any  law  to  which  they 
have  not,  in  like  manner,  assented,  for  the  public  good.1 

!The  sixth  article  seems  to  have  been  designed  by  George  Mason,  who 
drew  it,  as  an  argument  for  extending  the  franchise  to  heads  of  families. 
Mason  drew  also  a  plan  for  the  frame  of  government,  which  the  convention 
in  the  main  adopted  on  June  29.  In  this  plan  he  proposed  to  "extend"  the 
franchise  to  leaseholders  with  seven-year  terms,  and  to  any  "housekeeper" 


448  INDEPENDENCE 

SECTION  7.  That  all  power  of  suspending  laws,  or  the  exe 
cution  of  laws,  by  any  authority,  without  consent  of  the  repre 
sentatives  of  the  people,  is  injurious  to  their  rights,  and  ought 
not  to  be  exercised. 

SECTION  8.  That  in  all  capital  or  criminal  prosecutions  a 
man  hath  a  right  to  demand  the  cause  and  nature  of  his  accu 
sation,  to  be  confronted  with  the  accusers  and  witnesses,  to  call 
for  evidence  in  his  favor,  and  to  a  speedy  trial  by  an  impartial 
jury  of  twelve  men  of  his  vicinage,  without  whose  unanimous 
consent  he  cannot  be  found  guilty  ;  nor  can  he  be  compelled  to 
give  evidence  agaist  himself;  that  no  man  be  deprived  of  his 
liberty,  except  by  the  law  of  the  land  or  the  judgment  of  his  peers. 

SECTION  9.  That  excessive  bail  ought  not  to  be  required, 
nor  excessive  fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

SECTION  10.  That  general  warrants,  whereby  an  officer  or 
messenger  may  be  commanded  to  search  suspected  places  with 
out  evidence  of  a  fact  committed,  or  to  seize  any  person  or 
persons  not  named,  or  whose  offence  is  not  particularly  de- 


who  was  also  the  father  of  three  children  (Article  V  of  Mason's  Plan ;  printed 
in  full  in  Kate  Mason  Rowland's  Life  and  Correspondence  of  George  Mason, 
I,  444  ff.).  The  convention,  however,  left  the  franchise  as  "  now  established 
by  law"  —  on  a  freehold  basis  (American  History  and  Government,  §§  105, 
107).  Mason,  in  his  plan,  suggested  graded  landed  qualifications  for  holding 
office :  £500  freehold  to  act  as  a  member  of  his  proposed  electoral  college  to 
choose  state  senators ;  £1000  freehold  to  sit  in  the  lower  House ;  £2000  freehold 
to  sit  in  the  upper  House. 

It  is  often  said  that  Mason  proposed  a  £1000-freehold  qualification  for  the 
franchise.  The  language  of  Section  III  of  his  "  plan,"  taken  by  itself,  would  so 
indicate.  But  the  clauses  III  and  IV  are  very  loosely  worded  and  punctuated ; 
and,  when  they  are  read  in  conjunction  with  Section  V,  the  only  possible  con 
clusion  is  the  one  stated  above.  In  proposing  so  liberal  a  franchise,  however, 
Mason  stood  alone  in  Virginia  in  his  day.  Even  Jefferson's  plan  for  a  Vir 
ginia  constitution  called  for  "a  freehold  of  i  of  an  acre  of  land  in  a  town,  or 
25  acres  in  the  country"  (Works,  Ford  edition,  II,  7  ff.). 

Eleven  years  later  at  the  Philadelphia  convention,  Mason  used  the  same 
language  as  in  the  Virginia  bill  of  rights,  in  opposing  a  real-estate  qualification 
for  the  national  franchise ;  but  he  still  advocated  a  landed  qualification  for 
membership  in  even  the  lower  House  of  Congress. 


VIRGINIA  BILL  OF  RIGHTS,  JUNE   12,   1776     449 

scribed  and  supported  by  evidence,  are  grievous  and  oppressive, 
and  ought  not  to  be  granted. 

SECTION  11.  That  in  controversies  respecting  property,  and 
in  suits  between  man  and  man,  the  ancient  trial  by  jury  is  pref 
erable  to  any  other,  and  ought  to  be  held  sacred. 

SECTION  12.  That  the  freedom  of  the  press  is  one  of  the 
great  bulwarks  of  liberty,  and  can  never  be  restrained  but  by 
despotic  governments. 

SECTION  13.  That  a  well-regulated  militia,  composed  of  the 
body  of  the  people,  trained  to  arms,  is  the  proper,  natural,  and 
safe  defence  of  a  free  State ;  that  standing  armies,  in  time  of 
peace,  should  be  avoided,  as  dangerous  to  liberty ;  and  that  in 
all  cases  the  military  should  be  under  strict  subordination  to, 
and  governed  by,  the  civil  power. 

SECTION  14.  That  the  people  have  a  right  to  uniform  gov 
ernment  ;  and,  therefore,  that  no  government  separate  from,  or 
independent  of  the  government  of  Virginia,  ought  to  be  erected 
or  established  within  the  limits  thereof. 

SECTION  15.  That  no  free  government,  or  the  blessings  of 
liberty,  can  be  preserved  to  any  people,  but  by  a  firm  adher 
ence  to  justice,  moderation,  temperance,  frugality,  and  virtue, 
and  by  frequent  recurrence  to  fundamental  principles. 

SECTION  16.  That  religion,  or  the  duty  which  we  owe  to 
our  Creator,  and  the  manner  of  discharging  it,  can  be  directed 
only  by  reason  and  conviction,  not  by  force  or  violence ;  and 
therefore  all  men  are  equally  entitled  to  the  free  exercise  of 
religion,  according  to  the  dictates  of  conscience  ;  and  that  it  is 
the  mutual  duty  of  all  to  practise  Christian  forbearance,  love 
and  charity  towards  each  other. 

[The  failure  of  historians  to  give  due  credit  to  this  bill  of 
rights  is  remarkable.  I  call  attention  to  two  illustrations. 

(1)  Cushing's  Transition  from  Provincial  to  Commonwealth 
Government  in  Massachusetts  (Columbia  University  Studies,  VII, 
1896)  states  incorrectly  (p.  246,  note  1)  that  the  constitution 
of  Virginia  contained  no  preamble  (cf.  No.  137  below)  :  and, 


450  INDEPENDENCE 

on  page  247  and  notes,  it  quotes  precedents  from  the  Maryland 
bill  of  rights  instead  of  from  the  Virginia  document  from 
which  the  Maryland  statement  was  taken;  while  page  248, 
in  referring  to  "others  [than  Massachusetts  that]  realized 
keenly  the  vital  importance  of  a  clear  and  abiding  statement 
of  the  immunities  and  privileges  of  man  in  civil  society,"  adds 
the  note  :  "  A  Declaration  of  Rights  was  adopted  by  Delaware, 
Maryland,  New  Hampshire  (1784),  North  Carolina,  Pennsyl 
vania,  Vermont,  and  Virginia"  (!)  The  order  of  statement 
is  ingeniously  misleading.  All  the  others  named  drew  mainly 
from  the  one  named  last. 

(2)  Merriam's  History  of  American  Political  TJieories  (1902) 
contains  several  such  misleading  statements.  On  page  49,  to 
illustrate  the  fact  that  some  State  constitutions  (as  well  as  the 
Declaration  of  Independence)  asserted  the  doctrine  of  "  inalien 
able  rights,"  including  "  life,  liberty,  and  the  pursuit  of  happi 
ness,"  reference  is  made  in  detail  to  the  New  Hampshire  bill 
of  rights  (eight  years  later  than  the  Declaration),  but  not 
at  all  to  the  Virginia  bill  of  rights,  which  preceded  the 
Continental  Declaration.  So,  too,  especially  on  page  153,  a 
footnote  is  inserted  expressly  to  show  how  the  idea  of  "  fre 
quent  recurrence  to  fundamental  principles "  was  often  ex 
pressed  in  Revolutionary  State  constitutions,  as  follows: 
"  Massachusetts  (1780),  Art.  18 ;  Pensylvania  (1776),  Art.  14 ; 
New  Hampshire,  Art.  38 ;  North  Carolina,  Art.  21 ;  Vermont, 
Art.  16."  Would  it  not  have  been  well  to  recognize  in  such 
a  list  the  State  in  whose  constitution  the  phrase  was  first 
used  ?] 

137.   The  First  Declaration  of  Independence  by  a  State 
Preamble  to  the  Virginia  Constitution,  June  29,  1776 

The  Virginia  constitution,  adopted  on  June  29,  1776,  consisted  of 
three  parts:  (1)  a  declaration  of  independence  ;  (2)  the  bill  of  rights  ; 
(3)  the  frame  of  government.  The  original  intention  (No.  135,  close) 
had  been  to  include  the  last  two  only,  and  to  leave  the  declaration  of 
independence  to  Congress.  But  on  June  24,  when  the  convention  had 


THE   VIRGINIA  DECLARATION  451 

nearly  completed  its  consideration  of  the  constitution,  it  received  from 
Jefferson  a  draft  of  a  constitution  prefaced  by  a  declaration  of  independ 
ence.  Of  the  adoption  of  this  preface,  Jefferson  wrote  in  1825  : 

"I  was  then  at  Philadelphia  .  .  .  knowing  that  the  Convention  of 
Virginia  was  engaged  in  forming  a  plan  of  government,  I  turned  my 
mind  to  the  same  subject,  and  drew  a  sketch  .  .  .  of  a  Constitution  with 
a  preamble,  which  I  sent  to  Mr.  Pendleton,  president  of  the  Convention 
...  He  informed  me  ...  that  he  received  it  on  the  day  on  which  the 
Committee  of  the  Whole  had  reported  to  the  House  the  plan  they  had 
agreed  to  ;  and  that  it  had  been  so  long  in  hand,  so  disputed  inch  by 
inch  .  .  .  that  they  were  worried  with  the  contentions  it  had  produced, 
and  could  not,  from  mere  lassitude,  have  been  induced  to  open  the  instru 
ment  again  ;  but  that,  being  pleased  with  the  Preamble  to  mine,  they 
adopted  it  in  the  House,  by  way  of  amendment  to  the  report  of  the 
committee  [June  29]  ;  and  thus  my  Preamble  was  tacked  to  the  work  of 
George  Mason,  .  .  .  The  Preamble  was  prior  in  composition  to  the 
Declaration  [of  July  4]."  1 

Whereas  George  Guelf,  king  of  Great  Britain  .  .  .  and 
heretofore  entrusted  with  the  exercise  of  the  kingly  office  in 
this  government  [Virginia],  hath  endeavored  to  pervert  the 
same  into  a  detestable  and  insupportable  tyranny : 

by  putting  his  negative  on  laws  the  most  wholesome 

and  necessary  for  the  public  good ; 
by  ...   [21  indictments  follow  —  similar  to  the 

charges  in  the  Declaration  soon  after  adopted 
at  Philadelphia]     by  which  several  acts  of 
mis-rule   the  said  George  Guelf   has   forfeited   the 
kingly  office,  and  has  rendered  it  necessary  for  the 
preservation  of  the  people  that  he   should   be   im 
mediately  deposed  from  the  same.  .  .  . 
Be  it  therefore  enacted  by  the  authority  of  the  people  that 

1  Jefferson's  plan  was  indorsed.  "...  It  is  proposed  that  this  bill,  after 
correction  by  the  Convention,  shall  be  referred  by  them  to  the  people,  to  be 
assembled  in  their  respective  counties;  and  that  the  suffrages  of  two-thirds 
the  counties  shall  be  necessary  to  establish  it."  Jefferson  always  contended 
that  the  Virginia  constitution,  since  it  was  not  so  submitted  to  popular 
ratification,  was  not  a  "  fundamental  law,"  but  was  subject  to  repeal,  like 
any  other  statute,  by  ordinary  legislative  action.  Cf .  American  History  and 
Government,  §  152. 


452  INDEPENDENCE 

the  said  George  Guelf  be,  and  he  hereby  is  deposed  from  the 
kingly  office  within  this  government,  and  absolutely  divested 
of  all  its  rights,  powers,  and  prerogatives:  and  that  he  and 
his  descendants,  and  all  persons  acting  by  or  through  him,  and 
all  other  persons  whatsoever,  shall  be  and  forever  remain 
incapable  of  the  same  :  and  that  the  said  office  shall  henceforth 
cease,  and  never  more  either  in  name  or  substance  be  re 
established  within  this  colony. 

138.   Revolutionary  State  Governments 

a.  Recommendation  of  Congress,  May  15,  1776 
Journals  of  Congress  (Ford  edition),  V,  357  ff. 

IN   CONGKESS,   May   15,   1776. 

Whereas,  his  Britanic  majesty,  in  conjunction  with  the  lords 
and  commons  of  Great  Britain,  has,  by  a  late  act  of  parliament, 
excluded  the  inhabitants  of  these  united  colonies  from  the 
protection  of  his  crown  —  And  whereas  no  answer  whatever 
to  the  humble  petitions  of  the  colonies  for  redress  of  griev 
ances  and  reconciliation  with  Great  Britain,  has  been,  or  is 
likely  to  be  given,  but  the  whole  force  of  that  kingdom,  aided 
by  foreign  mercenaries,  is  to  be  exerted  for  the  destruction 
of  the  good  people  of  these  colonies  —  and  whereas  it  appears 
absolutely  irreconcilable  to  reason  and  good  conscience,  for 
the  people  of  these  colonies  NOW  to  take  the  oaths  and 
affirmations  necessary  for  the  support  of  any  government 
under  the  crown  of  Great  Britain ;  and  it  is  necessary  that  the 
exercise  of  every  kind  of  authority  under  the  said  crown  should  be 
totally  suppressed,  and  all  the  powers  of  government  exerted  under 
the  authority  of  the  people  of  the  colonies,  for  the  preservation  of 
internal  peace,  virtue,  and  good  order,  as  well  as  for  the 
defence  of  their  lives,  liberties  and  properties,  against  the 
hostile  invasions  and  cruel  depredations  of  their  enemies  — 
Therefore, 


PRELIMINARIES  IN  CONGRESS  453 

Resolved,  That  it  be  recommended  to  the  respective  assemblies, 
and  conventions,  of  the  united  colonies,  where  no  government  suffi 
cient  to  the  exigencies  of  their  affairs  has  been  heretofore  established, 
to  adopt  such  government  as  shall,  in  the  opinion  of  the  representa 
tives  of  the  people,  best  conduce  to  the  happiness  and  safety  of  their 
constituents  in  particular,  and  America  in  general. 

b.  John  Adams'  Comment  upon  the  Bearing  of  tJiat  Ac 
tion  (a  above)  upon  Independence 

Letters  of  John  Adams  to  His  Wife,  I,  109-111.  Adams  had  been 
the  special  champion  of  the  action  finally  recommended  by  Congress  as 
above.  On  the  following  Sunday,  he  wrote  as  follows  of  that  memorable 
action,  and  of  the  earlier  action  in  South  Carolina  in  adopting  a  tempo 
rary  government  of  its  own. 

John  Adams  to  Abigail  Adams 

Philadelphia,  May  17,  1776. 

I  have  this  morning  heard  Mr.  Duffield,  upon  the  signs  of 
the  times.  ...  He  concluded,  that  the  course  of  events 
indicated  strongly  the  design  of  Providence,  that  we  should 
be  separated  from  Great  Britain,  etc.  .  .  . 

Is  it  not  a  saying  of  Moses,  "  who  am  I,  that  I  should  go  in 
and  out  before  this  great  people?"  When  I  consider  the 
great  events  which  are  passed,  and  those  greater  which  are 
rapidly  advancing,  and  that  I  may  have  been  instrumental 
in  touching  some  springs,  and  turning  some  small  wheels, 
which  have  had  and  will  have  such  effects,  I  feel  an  awe  upon 
my  mind,  which  is  not  easily  described.  Great  Britain  has 
at  last  driven  America  to  the  last  step,  a  complete  separation 
from  her ;  a  total  absolute  independence,  not  only  of  her 
Parliament,  but  of  her  crown,  for  such  is  the  amount  of  the 
resolve  of  the  15th.  Confederation  among  ourselves,  or  alliances 
with  foreign  nations,  are  not  necessary  to  a  perfect  separation 
from  Britain.  That  is  effected  by  extinguishing  all  authority 
under  the  crown,  Parliament,  and  nation,  as  the  resolution  for 
instituting  governments  has  done,  to  all  intents  and  purposes. 


454  INDEPENDENCE 

Confederation  will  be  necessary  for  our  internal  concord,  and 
alliances  may  be  so  for  our  external  defence. 

/  have  reasons  to  believe  that  no  colony,  which  shall  assume  d 
government  under  the  people,  ivill  give  it  up.  There  is  something 
very  unnatural  and  odious  in  a  government  a  thousand  leagues 
off.  A  whole  government  of  our  own  choice,  managed  by 
persons  whom  we  love,  revere,  and  can  confide  in,  has  charms 
in  it,  for  which  men  will  fight.  Two  young  gentlemen  from 
South  Carolina  in  this  city,  who  were  in  Charlestown  when 
their  new  constitution  was  promulgated,  and  when  their  new 
Governor  and  Council  and  Assembly  walked  out  in  procession, 
attended  by  the  guards,  company  of  cadets,  light  horse,  etc., 
told  me,  that  they  were  beheld  by  the  people  with  transports 
and  tears  of  joy.  The  people  gazed  at  them  with  a  kind  of 
rapture.  They  both  told  me,  that  the  reflection,  that  these 
were  gentlemen  whom  they  all  loved,  esteemed  and  revered, 
gentlemen  of  their  own  choice,  whom  they  could  trust,  and 
whom  they  could  displace,  if  any  of  them  should  behave 
amiss,  affected  them  so,  that  they  could  not  help  crying. 
They  say,  their  people  will  never  give  up  this  government.  .  .  . 

139.    Instructions  by  "  State "  Conventions  against  Independence 
(January-May,  1776) 

Proceedings  of  the  Conventions  of  Maryland  in  1774,  1775,  and  1776, 
pages  82-84,  140-142,  176. 

Similar  instructions  were  given  in  Pennsylvania  and  New  Jersey. 
(1)  In  Convention,  January  12th, 

To  the  honorable  Matthew  Tilgham,  Esq.,  Thomas  Jefferson, 
jr.,  Robert  Goldsborough,  William  Paca,  Samuel  Chase,  Thomas 
Stone,  Robert  Alexander,  and  John  Rogers,  Esquires. 

The  convention  taking  into  their  most  serious  consideration 
the  present  state  of  the  unhappy  dispute  between  Great  Britain 
and  the  united  colonies,  think  it  proper  to  deliver  you  their 
sentiments,  and  to  instruct  you  in  certain  points,  relative  to 
your  conduct  in  congress,  as  representatives  of  this  province. 


INSTRUCTIONS  AGAINST   INDEPENDENCE      455 

The  experience  we  and  our  ancestors  have  had  of  the  mild 
ness  and  equity  of  the  English  constitution,  under  which  we 
have  grown  up  to  and  enjoyed  a  state  of  felicity,  not  exceeded 
among  any  people  we  know  of,  until  the  grounds  of  the  present 
controversy  were  laid  by  the  ministry  and  parliament  of  Great 
Britain,  has  most  strongly  endeared  to  us  that  form  of  govern 
ment  from  whence  these  blessings  have  been  derived,  and  makes 
us  ardently  wish  for  a  reconciliation  with  the  mother  country, 
upon  terms  that  may  insure  to  these  colonies  an  equal  and  per 
manent  freedom. 

To  this  constitution  we  are  attached,  not  merely  by  habit,  but 
by  principle,  being  in  our  judgments  persuaded  [that]  it  is  of 
all  known  systems  best  calculated  to  secure  the  liberty  of  the 
subject,  to  guard  against  despotism  on  the  one  hand,  and  licen 
tiousness  on  the  other. 

Impressed  with  these  sentiments,  we  warmly  recommend  to 
you,  to  keep  constantly  in  your  view  the  avowed  end  and  pur 
pose  for  which  these  colonies  originally  associated,  —  the  redress 
of  American  grievances  and  [the]  securing  the  rights  of  the 
colonists. 


We  further  instruct  you,  that  you  do  not  without  the  previous 
knowledge  and  approbation  of  the  convention  of  this  province,  assent 
to  any  proposition  to  declare  these  colonies  independent  of  the  crown 
of  Great  Britain,  nor  to  any  proposition  for  making  or  entering  into 
alliance  with  any  foreign  power,  nor  to  any  union  or  confederation  of 
these  colonies,  which  may  necessarily  lead  to  a  separation  from 
the  mother  country,  unless  in  your  judgments  of  any  four  of 
you,  or  of  a  majority  of  the  whole  of  you,  if  all  shall  be  then 
attending  in  congress,  it  shall  be  thought  absolutely  necessary 
for  the  preservation  of  the  liberties  of  the  united  colonies  ;  and 
should  a  majority  of  the  colonies  in  congress,  against  such  your  judg 
ment,  resolve  to  declare  these  colonies  independent  of  the  crown  of 
Great  Britain,  or  to  make  or  enter  into  alliance  with  any  foreign  power, 
or  into  any  union  or  confederation  of  these  colonies,  which  may  neces- 


456  INDEPENDENCE 

sarily  lead  to  a  separation  from  the  mother  country,  then  we  instruct 
you  immediately  to  call  the  convention  of  this  province,  and  repair  there 
to  with  such  proposition  and  resolve,  and  lay  the  same  before  the  said 
convention,  for  their  consideration,  and  this  convention  will  not  hold 
this  province  bound  by  such  majority  in  congress,  until  the  representa 
tive  body  of  the  province  in  convention  assent  thereto. 

Desirous  as  we  are  of  peace  with  Great  Britain  upon  safe  and 
honourable  terms,  we  wish  you  nevertheless,  and  instruct  you 
to  join  with  the  other  colonies  in  such  military  operations  as 
may  be  judged  proper  and  necessary  for  the  common  defence, 
until  such  a  peace  can  be  happily  obtained. 

[May  15,  came  the  recommendation  of  Congress  for  extinguishing  all 
authority  under  the  British  crown  and  the  setting  up  of  state  governments 
(No.  138a  above),  and  also  the  instructions  of  the  Virginia  Convention 
for  Independence  and  Confederation.  The  response  in  Maryland  was 
merely  a  repetition  of  her  previous  instructions,  in  the  passage  given  be 
low.  Note  the  jealous  disposition  to  deny  authority  to  Congress  and  to 
resent  the  wording  of  its  recommendations.] 

(2)  Tuesday,  May  21,  1776 

*  *  *  *  *  *  * 

The  convention  took  into  their  consideration  the  report  from 
the  committee  appointed  to  report  on  the  resolution  of  congress 
of  the  15th  instant,  and  thereupon  came  to  the  following 
resolutions. 

Resolved  unanimously,  That  the  people  of  this  province  have 
the  sole  and  exclusive  right  of  regulating  the  internal  govern 
ment  and  police  of  this  province. 

******* 

Resolved  unanimously,  That  this  province  has  hitherto  exerted 
itself,  and  will  upon  all  occasions  continue  to  exert  itself,  with 
cheerfulness  and  alacrity,  in  the  common  cause,  agreeable  to  the 
faith  pledged  in  the  union  of  the  colonies :  and  if  it  shall  appear 
to  this  province  necessary  to  enter  into  a  further  compact  for  the 
preservation  of  the  constitutional  rights  of  America,  this  prov 
ince  will  enter  into  such  further  engagement  for  that  purpose. 


INSTRUCTIONS  AGAINST   INDEPENDENCE      457 

Resolved  unanimously,  That  this  convention,  by  a  resolution 
of  the  15th  day  of  this  instant,  hath  made  sufficient  provision 
to  prevent  a  necessity  for  any  person  within  this  province  now 
taking  the  oaths  for  the  support  of  government  under  the  crown 
of  Great  Britain,  and  that  it  is  the  opinion  of  this  convention, 
that  it  is  not  necessary  that  the  exercise  of  every  kind  of  authority 
under  the  said  crown  should  be  now  totally  suppressed  in  this  prov 
ince,  and  all  the  powers  of  government  exerted  under  the 
authority  of  the  people. 


Resolved  unanimously,  That  as  this  convention  is  firmly  per 
suaded  that  a  re-union  with  Great  Britain  on  constitutional 
principles  would  most  effectually  secure  the  rights  and  liberties, 
and  increase  the  strength  and  promote  the  happiness  of  the 
whole  empire,  objects  which  this  province  hath  ever  had  in 
view,  the  said  deputies  are  bound  and  directed  to  govern  themselves  by 
the  instructions  given  to  them  by  this  convention  in  its  session  of 
December l  last,  in  the  same  manner  as  if  the  said  instructions  were 
particularly  repeated. 

[These  instructions  continued  in  force  until  revoked  on  June 
28  as  follows :] 

(3)  Re  solved  unanimously,  That  the  instructions  given  by  the 
convention  of  December  last  (and  renewed  by  the  convention  in 
May)  to  the  deputies  of  .this  colony  in  Congress  be  recalled,  and 
the  restrictions  therein  contained  removed ;  and  that  the  dep 
uties  of  this  colony  attending  in  Congress  ...  be  authorized 
and  empowered  to  concur  with  the  other2  united  colonies,  or  a 
majority  of  them,  in  declaring  the  united  colonies  free  and  inde 
pendent  states,  in  forming  such  further  compact  and  confedera 
tion  between  them,  in  making  foreign  alliances,  and  in  adopting 
such  other  measures  as  shall  be  judged  necessary  for  securing 

lrfhe  action  of  January  12  in  (1)  above  belonged  to  the  session  beginning  in 
December. 

2  Is  the  following  word  "  united  "  then,  in  this  place,  part  of  a  proper  noun, 
or  merely  an  adjective? 


458  INDEPENDENCE 

the  liberties  of  America ;  and  this  colony  will  hold  itself  bound l 
by  the  resolutions  of  a  majority  of  the  united  colonies  in  the 
premises :  provided  the  sole  and  exclusive  right  of  regulating 
the  internal  government  and  police  of  this  colony  be  reserved 
to  the  people  thereof. 

140.   Motion  in  Congress  for  Independence 

Journals  of  Congress,  V,  425.  In  obedience  to  the  instructions  from 
the  Virginia  Convention,  Richard  Henry  Lee,  on  June  7,  moved  in  Con 
gress  the  following  resolutions.  After  delays,  to  permit  certain  dele 
gates  to  secure  permission  for  their  colonial  assemblies,  the  resolution 
was  finally  adopted  July  2,  by  the  vote  of  all  colonies  but  New  York.  For 
further  detail,  cf.  American  History  and  Government,  §  150. 

That  these  united  colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States ;  that  they  are  absolved  from  all 
allegiance  to  the  British  Crown  ;  and  that  all  political  connec 
tion  between  them  and  the  State  of  Great  Britain  is,  and  ought 
to  be,  totally  dissolved. 

That  it  is  expedient  forthwith  to  take  the  most  effectual 
measures  for  forming  foreign  alliances. 

That  a  plan  of  confederation  be  prepared  and  transmitted  to 
the  respective  colonies  for  their  consideration. 

141.  The  Continental  Declaration  of  Independence 

While  the  debate  was  proceeding  on  Lee's  resolutions  (No.  140),  to  save 
time,  in  case  those  resolutions  should  be  adopted,  Congress  appointed  a 
committee  (Thomas  Jefferson,  John  Adams,  Benjamin  Franklin,  Roger 
Sherman,  and  R.  R.  Livingston)  to  draft  a  full  "Declaration  of  Independ 
ence."  Jefferson,  the  member  from  the  colony  which  had  moved  the 
resolution,2  was  naturally  made  chairman  and  drew  the  document,  which 
with  slight  modification  was  presented  to  Congress  on  June  28.  After  the 
adoption  of  the  resolutions  on  July  2,  this  formal  Declaration  was  taken 

1  Would  that  colony  have  felt  itself  "bound  "  before  it  gave  them  instruc 
tions,  if  Congress  had  acted  on  these  matters?    Cf.  American  History  and 
Government,  §  187,  for  a  discussion  of  this  and  allied  points. 

2  Lee  was  about  to  return  to  Virginia,  and  so  was  not  placed  on  the  com 
mittee. 


DECLARATION   OF   INDEPENDENCE  459 

up  by  Congress,  considered  on  the  2d,  3d,  and  4th  of  July,  and  passed. 
August  2,  a  copy,  engrossed  on  parchment,  was  signed  by  the  members  of 
Congress  there  present.  Other  signatures  were  added  later  until  all 
thirteen  States  were  represented.  The  following  capitalization,  paragraph 
ing,  and  punctuation  follow  the  original  parchment. 

IN   CONGRESS,   JULY  4,    1776 

THE  UNANIMOUS   DECLARATION  OF  THE  THIRTEEN    UNITED 
STATES  OF    AMERICA 


in  the  Course  of  human  events,  it  becomes  necessary 
for  one  people  to  dissolve  the  political  bands  which  have  con 
nected  them  with  another,  and  to  assume  among  the  powers  of  the 
earth,  the  separate  and  equal  station  to  which  the  Laws  of 
Nature  and  of  Nature's  God  entitle  them,  a  decent  respect  to 
the  opinions  of  mankind  requires  that  they  should  declare  the 
causes  which  impel  them  to  the  separation.  —  We  hold  these 
truths  to  be  self-evident,  that  all  men  are  created  equal,  that 
they  are  endowed  by  their  Creator  with  certain  unalienable 
Rights,  that  among  these  are  Life,  Liberty  and  the  pursuit  of 
Happiness.  4— That  to  secure  these  rights,  Governments  are 
instituted^among  Men,  deriving  their  just  powers  from  the 
consent  of  the  governed.  —  That  whenever  any  Form  of 
Government  becomes  destructive  of  these  ends,  it  is  the 
Right  of  the  People  to  alter  or  to  abolish  it,  and  to  institute 
new  Government,  laying  its  foundation  on  such  principles  and 
organizing  its  powers  in  such  forms,  as  to  them  shall  seem 
most  likely  to  effect  their  Safety  and  Happiness.  Prudence, 
indeed,  will  dictate  that  Governments  long  established  should 
not  be  changed  for  light  and  transient  causes ;  and  accordingly 
all  experience  hath  shewn,  that  mankind  are  more  disposed  to 
suffer,  while  evils  are  sufferable,  than  to  right  themselves 
by  abolishing  the  forms  to  which  they  are  accustomed. 
But  when  a  long  train  of  abuses  and  usurpations,  pursuing 
invariably  the  same  Object  evinces  a  design  to  reduce  them 
under  absolute  Despotism,  it  is  their  right,  it  is  their  duty, 
to  throw  off  such  Government,  and  to  provide  new  Guards 


460  INDEPENDENCE 

for  their  future  security.  —  Such  has  been  the  patient  suf 
ferance  of  these  Colonies;  and  such  is  now  the  necessity 
which  constrains  them  to  alter  their  former  Systems  of  Govern 
ment.  The  history  of  the  present  King  of  Great  Britain  is  a 
history  of  repeated  injuries  and  usurpations,  all  having  in  direct 
object  the  establishment  of  an  absolute  Tyranny  over  these 
States.  To  prove  this,  let  Facts  be  submitted  to  a  candid  world. 

—  He  has  refused  his  Assent  to  Laws,  the  most  wholesome  and 
necessary  for  the  public  good.  —  He  has  forbidden  his  Governors 
to  pass  Laws  of  immediate  and  pressing  importance,  unless 
suspended  in  their  operation  till   his   Assent   should   be   ob 
tained;    and  when  so  suspended,  he  has  utterly  neglected  to 
attend  to  them.  —  He   has   refused   to   pass   other  Laws   for 
the  accommodation  of  large  districts  of  people,  unless  those 
people  would    relinquish  the  right  of  Representation   in  the 
Legislature,  a  right  inestimable  to  them    and   formidable   to 
tyrants  only.  —  He  has  called  together   legislative   bodies   at 
places  unusual,  uncomfortable,  and  distant   from  the  deposi 
tory  of   their   Public   Records,    for   the    sole   purpose   of  fa 
tiguing  them  into  compliance  with  his   measures.  —  He   has 
dissolved    Representative    Houses    repeatedly,   for    opposing 
with    manly   firmness    his   invasions   on   the   rights    of   the 
people.  —  He  has  refused  for  a  long  time,  after  such  dissolu 
tions,  to  cause  others  to  be  elected ;  whereby  the  Legislative 
Powers,    incapable    of    Annihilation,    have   returned    to    the 
People  at  large  for  their   exercise ;    the  State   remaining   in 
the  mean  time  exposed  to  all  the  dangers  of    invasion  from 
without,  and   convulsions   within.  —  He   has   endeavoured  to 
prevent   the   population   of   these    States ;    for   that   purpose 
obstructing    the    Laws    for    Naturalization     of    Foreigners ; 
refusing  to  pass  others  to  encourage    their  migration  hither, 
and  raising  the  conditions  of  new  Appropriations  of   Lands. 

—  He  has    obstructed   the  Administration   of   Justice,  by  re 
fusing     his     Assent    to     Laws    for     establishing    Judiciary 
Powers.  —  He    has    made    Judges     dependent    on    his    will 
alone,  for  the  tenure   of    their    offices,    and   the  amount  and 


DECLARATION   OF   INDEPENDENCE  461 

• 
payment  of  their  salaries.  —  He  has   erected  a  multitude   of 

New  Offices,  and  sent  hither  swarms  of  Officers  to  harass 
our  People,  and  eat  out  their  substance.  —  He  has  kept 
among  us,  in  times  of  peace,  Standing  Armies  without  the 
Consent  of  our  legislature.  —  He  has  affected  to  render 
the  Military  independent  of  and  superior  to  the  Civil 
Power.  —  He  has  combined  with  others  to  subject  us  to  a 
jurisdiction  foreign  to  our  constitution,  and  unacknowledged 
by  our  laws;  giving  his  Assent  to  their  acts  of  pretended 
legislation :  —  For  quartering  large  bodies  of  armed  troops 
among  us :  —  For  protecting  them,  by  a  mock  Trial,  from 
Punishment  for  any  Murders  which  they  should  commit  on 
the  Inhabitants  of  these  States :  —  For  cutting  off  our  Trade 
with  all  parts  of  the  world: — For  imposing  taxes  on  us 
without  our  Consent :  —  For  depriving  us  in  many  cases,  of 
the  benefits  of  Trial  by  Jury:  —  For  transporting  us  beyond 
Seas  to  be  tried  for  pretended  offence:  —  For  abolishing  the 
free  System  of  English  Laws  in  a  neighbouring  Province, 
establishing  therein  an  Arbitrary  government,  and  enlarging 
it  Boundaries  so  as  to  render  it  at  once  an  example  and  fit 
instrument  for  introducing  the  same  absolute  rule  into  these 
Colonies :  —  For  taking  away  our  Charters,  abolishing  our 
most  valuable  Laws,  and  altering  fundamentally  the  Forms 
of  our  Governments:  —  For  suspending  our  own  Legislature, 
and  declaring  themselves  invested  with  Power  to  legislate 
for  us  in  all  cases  whatsoever.  —  He  has  abdicated  Gov 
ernment  here,  by  declaring  us  out  of  his  Protection  and 
waging  War  against  us.  —  He  has  plundered  our  seas, 
ravaged  our  Coasts,  burnt  our  towns,  and  destroyed  the  lives 
of  our  people.  —  He  is  at  this  time  transporting  large  armies 
of  foreign  mercenaries  to  compleat  the  works  of  death, 
desolation  and  tyranny,  already  begun  with  circumstances 
of  Cruelty  &  perfidy  scarcely  paralleled  in  the  most  bar 
barous  ages,  and  totally  unworthy  the  Head  of  a  civilized 
nation.  —  He  has  constrained  our  fellow  Citizens  taken 
Captive  on  the  high  Seas  to  bear  Arms  against  their  Coun- 


462  INDEPENDENCE 

try,  to  become  the  executioners  of  their  friends  and  Brethren, 
or  to  fall  themselves  by  their  Hands.  —  He  has  excited 
domestic  insurrections  amongst  us,  and  has  endeavoured  to 
bring  on  the  inhabitants  of  our  frontiers,  the  merciless  Indian 
Savages,  whose  known  rule  of  warfare,  is  an  undistinguished 
destruction  of  all  ages,  sexes  and  conditions.  In  every 
stage  of  these  Oppressions  We  have  Petitioned  for  Redress 
in  the  most  humble  terms :  Our  repeated  Petitions  have 
been  answered  only  by  repeated  injury.  A  Prince,  whose 
character  is  thus  marked  by  every  act  which  may  define  a 
Tyrant,  is  unfit  to  be  the  ruler  of  a  free  people.  Nor  have 
We  been  wanting  in  attentions  to  our  Brittish  brethren. 
We  have  warned  them  from  time  to  time  of  attempts  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction 
over  us.  We  have  reminded  them  of  the  circumstances  of 
our  emigration  and  settlement  here.  We  have  appealed  to 
their  native  justice  and  magnanimity,  and  we  have  conjured 
them  by  the  ties  of  common  kindred  to  disavow  these 
usurpations,  which  would  inevitably  interrupt  our  connec 
tions  and  correspondence.  They  too  have  been  deaf  to  the 
voice  of  justice  and  of  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity,  which  denounces  our  Separation, 
and  hold  them,  as  we  hold  the  rest  of  mankind,  Enemies 
in  War,  in  Peace  Friends.  — 

Wit,  therefore,  the  Representatives  of  the  unitcti  States  of 
America,  in  General  Congress,  Assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  in 
tentions,  do,  in  the  Name,  and  by  Authority  of  the  good 
People  of  these  Colonies,  solemnly  publish  and  declare, 
That  these  United  Colonies  are,  and  of  Bight  ought  to  be, 
jfe  anti  EtttJepentient  States;  that  they  are  Absolved  from 
all  Allegiance  to  the  British  Crown,  and  that  all  political 
connection  between  them  and  the  State  of  Great  Britain,  is 
and  ought  to  be  totally  dissolved ;  and  that  as  FREE  and 
INDEPENDENT  STATES,  they  have  full  Power  to  levy  War, 
conclude  Peace,  contract  Alliances,  establish  Commerce,  and 


ANTI-SOCIAL  FORCES  463 

to  do  all  other  Acts  and  Things  which  IXDEPEXDEXT 
STATES  may  of  right  do.  —  And  for  the  support  of  this  Dec 
laration,  with  a  firm  reliance  on  the  protection  of  divine 
Providence,  we  mutually  pledge  to  each  other  our  Lives, 
our  Fortunes  and  our  sacred  Honor. 

JOHN    HANCOCK. 

[Signatures  of  the  other  representatives  of  the  thirteen 
States.] 

142.   Anti-Social  Tendencies  of  the  Pre-Revolutionary  Measures 

a.  Closing  of  tlw  Courts 

From  "  Passages  from  an  Autobiography"  in  John  Adams'  Works  (II, 
420-421). 

The  passage  illustrates  one  of  the  forces  that  drove  many  of  the  respect 
able  classes  into  Tory  ranks. 

******* 

An  event  of  the  most  trifling  nature  in  appearance,  and  fit 
only  to  excite  laughter  in  other  times,  struck  me  into  a  pro 
found  reverie,  if  not  a  fit  of  melancholy.  I  met  a  man  who 
had  sometimes  been  my  client,  and  sometimes  I  had  been 
against  him.  He,  though  a  common  horse-jocky,  was  some 
times  in  the  right,  and  I  had  commonly  been  successful  in  his 
favor  in  our  courts  of  law.  He  was  always  in  the  law,  and 
had  been  sued  in  many  actions  at  almost  every  court.  As 
soon  as  he  saw  me,  he  came  up  to  me,  and  his  first  salutation 
to  me  was,  "  Oh !  Mr.  Adams,  what  great  things  have  you  and 
your  colleagues  done  for  us  !  We  can  never  be  grateful  enough 
to  you.  There  are  no  courts  of  justice  now  in  this  Province 
and  I  hope  there  never  will  be  another."  Is  this  the  object 
for  which  I  have  been  contending  ?  said  I  to  myself,  for  I 
rode  along  without  any  answer  to  this  wretch.  Are  these 
the  sentiments  of  such  people,  and  how  many  of  them  are 
there  in  the  country  ?  Half  the  nation,  for  what  I  know ; 
for  half  the  nation  are  debtors,  if  not  more,  and  these  have 


464  INDEPENDENCE 

been,  in  all  countries,  the  sentiments  of  debtors.  If  the 
power  of  the  country  should  get  into  such  hands,  and  there  is 
great  danger  that  it  will,  to  what  purpose  have  we  sacrificed 
our  time,  health  and  every  thing  else  ?  Surely  we  must  guard 
against  this  spirit  and  these  principles,  or  we  shall  repent  of 
all  our  conduct.  However,  the  good  sense  and  integrity  of  the 
majority  of  the  great  body  of  the  people  came  into  my  thoughts, 
for  my  relief,  and  the  last  resource  was  after  all  in  a  good 
Providence. 

b.  Mob  Violence,  to  enforce  tJie  "  Association" 

From   an   anonymous  parody,    expressing  the  loyalist's  dilemma,  in 
Moore's  Diary  of  the  American  Revolution,  I,  169. 

To  sign,  or  not  to  sign  !  —  That  is  the  question : 

Whether  'twere  better  for  an  honest  man 

To  sign  —  and  so  be  safe ;  or  to  resolve, 

Betide  what  will,  against  'associations' 

And,  by  retreating,  shun  them.     To  fly  —  I  reck 

Not  where  —  and  by  that  flight  to  'scape 

Feathers  and  tar,  and  thousand  other  ills 

That  Loyalty  is  heir  to.     'Tis  a  consummation 

Devoutly  to  be  wished.     To  fly  —  to  want  — 

To  want  —  perchance  to  starve  !  Ay  there's  the  rub ! 


c.   Correspondence  between  a  Tory  and  a  Committee 
Niles'  Principles  and  Acts  of  the  Revolution,  260-261. 

I  acknowledge  to  have  wrote  a  piece,  and  did  not  sign  it,  since 
said  to  be  an  extract  of  a  letter  from  Kent  county,  on  Delaware, 
published  in  Humphreys'  Ledger,  No.  3.  It  was  not  dated  from 
any  place,  and  is  some  altered  from  the  original.  I  folded  it 
up  and  directed  the  same  to  J.  F.  and  Sons.  I  had  no  inten 
tion  to  have  it  published ;  and  further,  I  let  them  know  the 
author  thought  best  it  should  not  be  published;  nor  did  I 


COERCION  BY  COMMITTEES  465 

think  they  would.  —  I  am  sincerely  sorry  I  ever  wrote  it,  as 
also  for  its  being  published,  and  hope  I  shall  be  excused  for 
this,  my  first  breach  in  this  way,  and  I  intend  it  shall  be 
the  last. 

E.  H. 

To  the  committee  of  correspondence  for  Kent  county,  on  Dela 
ware.  May  2d,  1775. 

SIR.  —  The  president  of  the  committee  of  correspondence,  by 
and  with  the  advice  of  such  other  of  the  members  of  that  com 
mittee  as  he  was  able  to  collect  and  consult,  this  day  laid  be 
fore  the  committee  of  inspection  for  this  county,  your  letter 
wherein  you  confess  yourself  to  be  the  author  of  the  Kentish 
letter  (commonly  so  called)  published  in  3d  No.  of  Humphreys' 
Ledger. 

The  committee  took  the  same  into  consideration,  and  have 
unanimously  resolved  that  it   is  unsatisfactory,  and   you  are 
requested  to  attend  the  committee  at  their  next  meeting  on 
Tuesday  the  9th  inst.  at  French  Battell's,  in  Dover  and  render 
such" satisfaction  to  the  committee,  as  will  enable  them  to  clear 
the  good  people  of  this  county  from  the  aspertions  of  that  let 
ter,  and  justify  them  in  the  eyes  of  the  public. 
Signed  by  order  of  the  committee. 
To  R.  H. 

GENTLEMEN.  —  With  sorrow  and  contrition  for  my  weak 
ness  and  folly,  I  confess  myself  the  author  of  the  letter,  from 
which  an  extract  was  published  in  the  3d  No.  of  Humphreys' 
Ledger,  said  to  be  from  Kent  county,  on  Delaware ;  but  at  the 
same  time  to  declare  it  was  published  without  my  consent, 
and  not  without  some  alterations. 

I  am  now  convinced  that  the  political  sentiments  therein 
contained,  were  founded  on  the  grossest  error ;  more  especially 
that  malignant  insinuation,  that  "if  the  king's  standard  were 
now  erected,  nine  out  of  ten  would  repair  to  it,"  could  not 
have  been  suggested,  but  from  the  deepest  infatuation.  True 


466 


INDEPENDENCE 


indeed  it  is,  the  people  of  this  county  have  ever  shewn  a 
zealous  attachment  to  his  majesty's  person  and  government, 
and  whenever  he  raised  his  standard  in  a  just  cause,  were 
ready  to  flock  to  it :  but  let  the  severe  account  I  now  render  to 
an  injured  people,  witness  to  the  world,  that  none  are  more 
ready  to  oppose  tyranny  or  to  be  first  in  the  cause  of  liberty, 
than  the  inhabitants  of  Kent  county. 

Conscious  that  I  can  render  no  satisfaction  adequate  to  the 
injury  I  have  done  my  country,  I  can  only  beg  the  forgiveness 
of  my  countrymen,  upon  those  principles  of  humanity,  which 
may  induce  them  to  consider  the  frailty  of  human  nature  — 
and  I  do  profess  and  promise,  that  I  will  never  again  oppose 
those  laudable  measures,  necessarily  adopted  by  my  country 
men,  for  the  preservation  of  American  freedom :  but  will  co 
operate  with  them  to  the  utmost  of  my  abilities,  in  their 
virtuous  struggle  for  liberty  (so  far  as  is  consistent  with  my 
religious  principles).  R.  H. 

Resolved  unanimously,  that  the  committee  do  think  the 
above  recantation  fully  satisfactory. 

THO'S.  NIXON,  Jr.  Clerk. 
May  $th,  1775. 

143.  An  Oath  of  Allegiance  to  a  New  State,  1777 

A  facsimile  from  Scharf  and  Westcotfs  History  of  Philadelphia,  I,  338. 

0  -1  B0AAaAA;aAAAAAA.AAAaAaAAAAAOA»AAAAAAAAAA« 

C  E  R  T  J  F  Y,     That  • 


hereby 


c^>® 

S  Hath  voluntarily  taken  M\ Tubfcribed  the  Oath  <WVf  %  b 
«H  ©  firmation  of  Allegiance  and  Fidelity,  as  direAed  by  an.  g  ^ 
J5  o  AA  of  General  Aflembly  of  Pcnnfyjvania,  paiTed  the  Q  ^ 
I  o  i  B*h  day  of  June,  A.D.  ^ly  Witnefs  my  hand,  ^ 
and  feal,  the  /W/Lday  of  ^^/  >^.  Z).- 


DREAD  OF  FRENCH  CONQUEST       467 

144.  A  Loyalist's  Suggestion  of  the  Danger  to  American  Liberty 
in  the  French  Alliance,  1779 

Tyler's  Literary  History  of  the  Revolution,  II,  75-76.  The  extracts 
come  from  a  keen  pamphlet  by  a  Tory,  with  the  style  of  a  "  diary  "  of  the 
year  1789  —  ten  years  later  than  the  publication,  to  intimate  what  would 
then  be  the  condition  in  America  under  French  rule. 

Boston,  November  10,  1789.  —  His  Excellency,  Count  Tyran, 
has  this  day  published,  by  authority  from  his  majesty,  a  proc 
lamation  for  the  suppresion  of  heresy  and  establishment  of  the 
inquisition  in  this  town,  which  has  already  begun  its  functions 
in  many  other  places  of  the  continent  under  his  majesty's 
dominion. 

The  use  of  the  Bible  in  the  vulgar  tongue  is  strictly 
prohibited,  on  pain  of  being  punished  by  discretion  of  the 
inquisition. 

November  11.  —  The  Catholic  religion  is  not  only  outwardly 
professed,  but  has  made  the  utmost  progress  among  all  ranks 
of  people  here,  owing,  in  a  great  measure,  to  the  unwearied 
labors  of  the  Dominican  and  Franciscan  friars,  who  omit  no 
opportunity  of  scattering  the  seeds  of  religion,  and  converting 
the  wives  and  daughters  of  heretics.  We  hear  that  the  build 
ing  formerly  called  the  Old  South  Meeting,  is  fitting  up  for  a 
cathedral,  and  that  several  other  old  meeting-houses  are  soon 
to  be  repaired  for  convents. 

November  12.  —  This  day  being  Sunday,  the  famous  Samuel 
Adams  read  his  recantation  of  heresy,  after  which  he  was 
present  at  mass,  and  we  hear  he  will  soon  receive  priest's  orders 
to  qualify  him  for  a  member  of  the  American  Sorbonne.  .  .  . 

The  king  has  been  pleased  to  order  that  five  thousand  of  the 
inhabitants  of  Massachusetts  Bay  should  be  drafted  to  supply 
his  garrisons  in  the  West  Indies ;  the  officers  for  them  are 
already  arrived  from  France. 

******* 

New  York,  November  15.  —  The  edict  for  prohibiting  the 
use  of  the  English  language,  and  establishing  that  of  the  French 


468  INDEPENDENCE 

in  all  law  proceedings,  will  take  place  on  the  20th  instant.  At 
the  same  time,  the  ordinance  for  abolishing  trials  by  juries, 
and  introducing  the  imperial  law,  will  begin  to  take  effect.  .  .  . 

November  17.  —  A  criminal  of  importance,  who  has  been 
long  imprisoned  in  the  New  Bastille,  was  this  day  privately 
beheaded.  He  commanded  the  American  forces  against  Great 
Britain  for  a  considerable  time,  but  was  confined  by  order  of 
the  government  on  suspicion  of  possessing  a  dangerous  influ 
ence  in  a  country  newly  conquered,  and  not  thoroughly  set 
tled.1  .  .  . 

The  king  has  been  pleased  to  parcel  out  a  great  part  of  the 
lands  in  America  to  noblemen  of  distinction,  who  will  grant 
them  again  to  the  peasantry  upon  leases  at  will,  with  the 
reservation  of  proper  rents  and  services. 

His  majesty  has  been  graciously  pleased  to  order  that  none 
of  the  natives  of  America  shall  keep  any  firearms  in  their 
possession,  upon  pain  of  being  sentenced  to  the  galleys.  .  .  . 

November  22. —  We  hear  from  Williamsburg,  in  Virginia, 
that  some  commotions  took  place  there  when  the  new  capita 
tion  tax  was  first  executed.  But  the  regiment  of  Bretagne, 
being  stationed  in  that  neighborhood,  speedily  suppressed 
them  by  firing  upon  the  populace,  and  killing  fifty  on  the  spot. 
It  is  hoped  that  this  example  will  prevent  any  future  insurrec 
tion  in  that  part  of  the  country. 

November  23.  —  His  majesty  has  directed  his  viceroy  to  send 
five  hundred  sons  of  the  principal  inhabitants  of  America,  to  be 
educated  in  France,  where  the  utmost  care  will  be  taken  to 
imbue  them  with  a  regard  for  the  Catholic  faith,  and  a  due 
sense  of  subordination  to  government. 

145.   How  the  Revolution  set  free  Social  Forces 

David  Ramsey's  History  of  the  American  Revolution  (1789),  II,  315  ff. 
Dr.  Ramsey  was  a  citizen  of  South  Carolina. 

When  the  war  began,  the  Americans  were  a  mass  of  hus- 
i  The  student  will  see  that  Washington  is  here  designated. 


NEW  SOCIAL  FORCES  469 

ban  dm  en,  merchants,  mechanics,  and  fishermen ;  but  the 
necessities  of  the  country  gave  a  spring  to  the  active  powers  of 
the  inhabitants,  and  set  them  on  thinking,  sp'eaking,  and 
acting,  in  a  line  far  beyond  that  to  which  they  had  been 
accustomed.  The  difference  between  nations  is  not  so  much 
owing  to  nature,  as  to  education  and  circumstances.  While 
the  Americans  were  guided  by  the  leading  strings  of  the 
mother  country,  they  had  no  scope  nor  encouragement  for 
exertion.  All  the  departments  of  government  were  established 
and  executed  for  them,  but  not  by  them.  In  the  years  1775 
and  1776,  the  country,  being  suddenly  thrown  into  a  situation 
that  needed  the  abilities  of  all  its  sons,  these  generally  took 
their  places,  each  according  to  the  bent  of  his  inclination.  As 
they  severally  pursued  their  objects  with  ardor,  a  vast  expansion 
of  the  human  mind  speedily  followed.  This  displayed  itself  in 
a  variety  of  ways.  It  was  found  that  the  talents  for  great 
stations  did  not  differ  in  kind,  but  only  in  degree,  from  those 
which  were  necessary  for  the  proper  discharge  of  the  ordinary 
business  of  civil  society.  .  .  . 


E.     CONFEDERATION   AND   CONSTITUTION 

XXIV.   THE   ARTICLES    OF   CONFEDERATION 

146.  Debates  in  the  Continental  Congress  on  the  Articles  of 
Confederation 

John  Adams  (Works,  II,  492-502)  preserved  fairly  full  notes  upon 
part  of  the  discussion  on  the  Articles.  The  parts  dealing  with  western 
lands,  with  basis  of  taxation,  and  with  the  equality  of  the  States  in 
Congress  are  reproduced  here.  The  form  is  rather  fragmentary  ;  and,  in 
some  cases,  allusions  are  made  which  it  would  take  too  long  to  explain 
here.  But  the  student  can  at  least  get  the  general  drift  and  the  align 
ment  of  the  States  on  the  opposing  sides. 

In  Committee  of  the   Whole 

1776.  July  25.  Article  14  of  the  confederation.  Terms  in 
this  Article  equivocal  and  indefinite.1 

Jefferson.  The  limits  of  the  Southern  Colonies  are  fixed. 
Moves  an  amendment,  that  all  purchases  of  lands,  not  within 
the  boundaries  of  any  Colony,  shall  be  made  by  Congress  of 
the  Indians  in  a  great  Council. 

Sherman  seconds  the  motion. 

Chase  [Maryland].  The  intention  of  this  Article  is  very 
obvious  and  plain.  The  Article  appears  to  me  to  be  right  and 
the  amendment  wrong.  It  is  the  intention  of  some  gentlemen 
to  limit  the  boundaries  of  particular  States.  No  Colony  has  a 
right  to  go  to  the  South  Sea ;  they  never  had ;  they  can't  have. 
It  would  not  be  safe  to  the  rest.  It  would  be  destructive  to 
her  sisters  and  to  herself. 

1  The  draft  then  read:  "No  purchases  of  lands  hereafter  to  be  made  of 
the  Indians,  by  Congress  or  private  persons,  before  the  limits  of  the  Colonies 
are  ascertained,  to  be  valid."  The  purpose  was  to  prevent  Virginia  and 
other  large  States  from  selling  their  western  lauds  for  their  private  profit. 
This  was  part  of  the  "  Small-State  "  plan,  and  was  not  adopted. 

470 


FORMING   THE   CONFEDERATION  471 

ARTICLE  15.  Jefferson.  What  are  reasonable  limits  ? 
What  security  have  we,  that  the  Congress  will  not  curtail  the 
present  settlements  of  the  States  ?  I  have  no  doubt  that  the 
Colonies  will  limit  themselves. 

Wilson.  Every  gentleman  has  heard  much  of  claims  to  the 
South  Sea.  They  are  extravagant.  The  grants  were  made 
upon  mistakes.  They  were  ignorant  of  the  Geography.  They 
thought  the  South  Sea  within  one  hundred  miles  of  the 
Atlantic  Ocean.  It  was  not  conceived  that  they  extended 
three  thousand  miles.  Lord  Cam  den  considers  the  claims  to 
the  South  Sea,  as  what  never  can  be  reduced  to  practice. 
Pennsylvania  has  no  right  to  interfere  in  those  claims,  but 
she  has  a  right  to  say,  that  she  will  not  confederate  unless 
those  claims  are  cut  off.  I  wish  the  Colonies  themselves  would 
cut  off  those  claims.  .  .  . 

July  30.  Article  17.  "In  determining  questions,  each 
Colony  shall  have  one  vote." 

Dr.  Franklin.  Let  the  smaller  Colonies  give  equal  money 
and  men,  and  then  have  an  equal  vote.  But  if  they  have  an 
equal  vote  without  bearing  equal  burthens,  a  confederation 
upon  such  iniquitous  principles  will  never  last  long. 

Dr.  Witherspoon  [New  Jersey].  We  all  agree  that  there 
must  and  shall  be  a  confederation  for  this  war.  .  .  .  The 
greatest  danger  we  have,  is  of  disunion  among  ourselves.  Is 
it  not  plausible  that  the  small  States  will  be  oppressed  by  the 
great  ones  ?  The  Spartans  and  the  Helotes.  The  Romans 
and  their  dependents.  Every  Colony  is  a  distinct  person.  .  .  . 

Clark.  We  must  apply  for  pardons  if  we  don't  confederate. 
Wilson.  We  should  settle  upon  some  plan  of  representation. 


Wilson.  If  the  war  continues  two  years,  each  soul  will 
have  forty  dollars  to  pay  of  the  public  debt.  It  will  be  the 
greatest  encouragement  to  continue  slave-keeping  and  to  in 
crease  it,  that  can  be,  to  exempt  them  from  the  numbers  which 
are  to  vote  and  pay.  Slaves  are  taxables  in  the  Southern 


472  THE   ARTICLES   OF  CONFEDERATION 

Colonies.  It  will  be  partial  and  unequal.  Some  Colonies 
have  as  many  black  as  white ;  these  will  not  pay  more  than 
half  what  they  ought.1  Slaves  prevent  freemen  from  culti 
vating  a  country.  It  is  attended  with  many  inconveniences. 

Lynch  [South  Carolina].  If  it  is  debated,  whether  their 
slaves  are  their  property,  there  is  an  end  of  the  confederation. 
Our  slaves  being  our  property,  why  should  they  be  taxed  more 
than  the  land,  sheep,  cattle,  horses,  etc.  ? 

Freemen  cannot  be  got  to  work  in  our  Colonies ;  it  is  not  in 
the  ability  or  inclination  of  freemen  to  do  the  work  that  the 
negroes  do.  Carolina  has  taxed  their  negroes ;  so  have  other 
Colonies  their  lands. 

Dr.  Franklin.  Slaves  rather  weaken  than  strengthen  the 
State,  and  there  is  therefore  some  difference  between  them 
and  sheep ;  sheep  will  never  make  any  insurrections. 

Rutledge.  I  shall  be  happy  to  get  rid  of  the  idea  of  slavery. 
The  slaves  do  not  signify  property ;  the  old  and  young  cannot 
work.  The  property  of  some  Colonies  is  to  be  taxed,  in  others, 
not.  The  Eastern  Colonies  will  become  the  carriers  for  the 
Southern ;  they  will  obtain  wealth  for  which  they  will  not  be 
taxed. 

August  1.  Hooper.  North  Carolina  is  a  striking  exception 
to  the  general  rule  that  was  laid  down  yesterday,  that  the 
riches  of  a  country  are  in  proportion  to  the  numbers  of  in 
habitants.  A  gentleman  of  three  or  four  hundred  negroes 
don't  raise  more  corn  than  feeds  them.  A  laborer  can't  be 
hired  for  less  than  twenty-four  pounds  a  year  in  Massachusetts 
Bay.  The  net  profit  of  a  negro  is  not  more  than  five  or  six 
pounds  per  annum.  I  wish  to  see  the  day  that  slaves  are  not 
necessary.  Whites  and  negroes  cannot  work  together. 
Negroes  are  goods  and  chattels  are  property.  A  negro  works 
under  the  impulse  of  fear,  has  no  care  of  his  master's  interest.2 

1  The  plan  then  was  that  the  colonies  should  contribute  money  in  propor 
tion  to  their  white  population.    This  was  afterward  amended.    See  Articles. 

2  Mr.  Chase's  amendment  (to  count  slaves  in  apportioning  representatives 
in  Congress)  was  lost.      Seven  States,  New  Hampshire,  Massachusetts,  Rhode 


FORMING   THE   CONFEDERATION  473 

The  Consideration  of  the  Seventeenth  Article  resumed 

Article  17.  Dr.  FranMin  moves  that  votes  should  be  in 
proportion  to  numbers.  Mr.  Middleton  moves  that  the  vote 
should  be  according  to  what  they  pay. 

Sherman  thinks  we  ought  not  to  vote  according  to  numbers. 
We  are  representatives  of  States,  not  individuals.  States  of 
Holland.  The  consent  of  every  one  is  necessary.  Three 
Colonies  would  govern  the  whole,  but  would  not  have  a 
majority  of  strength  to  carry  those  votes  into  execution. 
The  vote  should  be  taken  two  ways ;  call  the  Colonies,  and  call 
the  individuals,  and  have  a  majority  of  both.1 

Dr.  Rash.  Abbe  Raynal  has  attributed  the  ruin  of  the 
United  Provinces  [Netherlands]  to  three  causes.  The  principal 
one  is,  that  the  consent  of  every  State  is  necessary ;  the  other, 
that  the  members  are  obliged  to  consult  their  constituents 
upon  all  occasions.  We  lose  an  equal  representation ;  we 
represent  the  people.  It  will  tend  to  keep  up  colonial  dis 
tinctions.  We  are  now  a  new  nation.  ...  If  we  vote  by 
numbers,  liberty  will  be  always  safe.  Massachusetts  is  con 
tiguous  to  two  small  Colonies,  Rhode  Island  and  New 
Hampshire;  Pennsylvania  is  near  New  Jersey  and  Delaware; 
Virginia  is  between  Maryland  and  North  Carolina.  .  .  . 
Montesquieu  pronounces  the  confederation  of  Lycia  the  best 
that  ever  was  made ;  the  cities  had  different  weights  in  the 
scale.  ...  I  would  not  have  it  understood  that  I  am  pleading 
the  cause  of  Pennsylvania ;  when  I  entered  that  door,  I  con 
sidered  myself  a  citizen  of  America. 


Gr.  Hopkins  [Rhode  Island].     A  momentous  question;  many 
difficulties  on  each  side  ;    four  larger,  five  lesser,  four  stand 

Island,  Connecticut,  New  York,  New  Jersey,  and  Pennsylvania  voted  against 
it.  Delaware,  Maryland,  Virginia,  North  and  South  Carolina  voted  for  it. 
Georgia  was  divided. 

1  A  suggestion  almost  of  a  two-house  Congress,  similar  to  the  "  Connecti 
cut  Compromise  "  adopted  for  our  present  Constitution. 


474  THE   CONFEDERATION 

indifferent.  Virginia,  Massachusetts,  Pennsylvania,  Maryland, 
make  more  than  half  the  people. 

...  It  can't  be  expected  that  nine  Colonies  wall  give  way 
to  be  governed  by  four.  The  safety  of  the  whole  depends  upon 
the  distinctions  of  Colonies. 

Dr.  Franklin.  I  hear  many  ingenious  arguments  to  persuade 
us  that  an  unequal  representation  is  a  very  good  thing.  If  we 
had  been  born  and  bred  under  an  unequal  representation,  we 
might  bear  it ;  but  to  set  out  with  an  unequal  representation 
is  unreasonable.  It  is  said  the  great  Colonies  will  swallow  up 
the  less.  Scotland  said  the  same  thing  at  the  union. 


August  2.  "  Limiting  the  bounds  of  States,  which  by  char 
ter,  &c.  extend  to  the  South  Sea." 

Sherman  thinks  the  bounds  ought  to  be  settled.  A  majority 
of  States  have  no  claim  to  the  South  Sea.  Moves  this  amend 
ment  to  be  substituted  in  place  of  this  clause,  and  also  instead 
of  the  fifteenth  article ;  —  "No  lands  to  be  separated  from  any 
State,  which  are  already  settled,  or  become  private  property." 

Chase  [Maryland]  denies  that  any  Colony  has  a  right  to  go 
to  the  South  Sea. 

Harrison  [Virginia].  How  came  Maryland  by  its  land,  but 
by  its  charter  ?  By  its  charter,  Virginia  owns  to  the  South 
Sea.  Gentlemen  shall  not  pare  away  the  Colony  of  Virginia. 
Rhode  Island  has  more  generosity  than  to  wish  the  Massa 
chusetts  pared  away.  Delaware  does  not  wish  to  pare  away 
Pennsylvania. 

Huntington.  Admit  there  is  danger  from  Virginia,  does  it 
follow  that  Congress  has  a  right  to  limit  her  bounds  ?  The 
consequence  is,  not  to  enter  into  confederation.  .  .  . 

Stone  [Maryland]  ...  Is  it  meant  that  Virginia  shall  sell 
these  lands  for  their  own  emolument  ?  All  the  Colonies  have 
defended  these  lands  against  the  King  of  Britain,  and  at  the 
expense  of  all.  Does  Virginia  intend  to  establish  quit 
rents?  . 


ARTICLES   OF  CONFEDERATION  475 

Jefferson.  I  protest  against  the  right  of  Congress  to  decide 
upon  the  right  of  Virginia.  Virginia  has  released  all  claims 
to  the  land  settled  by  Maryland,  &c. 

[This  clause,  as  to  limiting  the  western  claims,  was  stricken  out  in 
committee.  The  subsequent  history  of  the  struggle  is  well  known,  ter 
minating  in  the  acts  of  cession  of  claims  to  the  western  territory.  For 
details,  cf.  American  History  and  Government,  §§  179-180. 

Jefferson's  Notes  on  this  same  debate  (Journals  of  Congress,  VI,  1104, 
—  from  a  MS.  of  Jefferson's)  contain  the  following  additional  item  : 
"  John  Adams  advocated  voting  in  proportion  to  numbers.  He  said  that 
we  stand  here  as  representatives  of  the  people  ;  that  in  some  States  the 
people  are  many,  in  others  they  are  few  .  .  .  that  the  individuality  of 
the  colonies  is  a  mere  sound.  ...  It  has  been  said  we  are  independent 
individuals  making  a  bargain  together :  the  question  is  not  what  we  are  now, 
but  what  we  ought  to  be  when  our  bargain  shall  be  made.  The  Confederacy 
is  TO  MAKE  us  ONE  individual  only  ;  it  is  to  form  us,  like  separate  parcels 
of  metal,  into  one  common  mass.  .  .  ."  *] 

147.  Articles  of  Confederation. 

November  15,  1777 
March  2,  1781 

Text  from  Revised  Statutes  of  1878.  For  history,  cf.  American  History 
and  Government,  §§  179,  186-188  ff.  The  editor  has  used  black-faced  type 
to  indicate  a  few  passages  especially  important  for  study. 

The  Articles  were  adopted  by  Congress,  and  recommended  to  the 
States,  November  15,  1777.  The  delegates  from  the  several  States  signed 
as  follows :  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New  York,  Pennsylvania,  Virginia, 
and  South  Carolina,  July  9,  1778  ;  North  Carolina,  July  21,  1778  ;  Georgia, 
July  24,  1778;  New  Jersey,  Nov.  26,  1778  ;  Delaware,  May  5,  1779  ;  Mary 
land,  March  1,  1781.  Congress  met  under  the  Articles,  March  2,  1781. 

To  all  to  whom  these  Presents  shall  come,  we  the  undersigned 
Delegates  of  the  States  affixed  to  our  Names  send  greeting 

Whereas  the  Delegates  of  the  United  States  of  America  in 
Congress  assembled  did  on  the  fifteenth  day  of  November  in 

1  Did  Adams  then  think  that,  before  the  new  Articles  should  have  been 
accepted,  the  states  were  constitutionally  one  nation  or  thirteen  ?  Cf .  Ameri 
can  History  and  Government,  §  187  and  notes. 


476  THE   CONFEDERATION 

the  year  of  our  Lord  One  Thousand  Seven  Hundred  and  Seven 
ty-seven,  and  in  the  Second  Year  of  the  Independence  of  Amer 
ica,  agree  to  certain  articles  of  Confederation  and  perpetual 
Union  between  the  States  of  Newhampshire,  Massachusetts- 
bay,  Rhodeisland  and  Providence  Plantations,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North-Carolina,  South-Carolina  and  Georgia  in  the 
Words  following,  viz. 

Articles  of  Confederation  and  perpetual  Union  between  the 
States  of  Newhamshire,  Massachusetts-bay,  Rhodeisland  and 
Providence  Plantations,  Connecticut,  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia. 

ARTICLE  I.  —  The  stile  of  this  Confederacy  shall  be,  "  The 
United  States  of  America." 

Art.  II.  —  Each  State  retains  its  sovereignty,  freedom,  and  inde 
pendence,  and  every  power,  jurisdiction,  and  right,  which  is  not  by 
this  Confederation  expressly  delegated  to  the  United  States,  in  Con 
gress  assembled. 

Art.  III.  —  The  said  States  hereby  severally  enter  into  a 
firm  league  of  friendship  with  each  other,  for  their  common  defence, 
the  security  of  their  liberties,  and  their  mutual  and  general  wel 
fare,  binding  themselves  to  assist  each  other  against  all  force 
offered  to,  or  attacks  made  upon  them,  or  any  of  them,  on  ac 
count  of  religion,  sovereignty,  trade,  or  any  other  pretence  what 
ever. 

Art.  IV.  —  The  better  to  secure  and  perpetuate  mutual  friend 
ship  and  intercourse  among  the  people  of  the  States  in  this 
Union,  the  free  inhabitants  of  each  of  these  states,  paupers,  vaga 
bonds,  and  fugitives  from  justice  excepted,  shall  be  entitled  to 
all  privileges  and  immunities  of  free  citizens  in  the  several  States ; 
and  the  people  of  each  State  shall  have  free  ingress  and  egress 
to  and  from  any  other  State,  and  shall  enjoy  therein  all  the 
privileges  of  trade  and  commerce  subject  to  the  same  duties, 
impositions,  and  restrictions  as  the  inhabitants  thereof  respec- 


ARTICLES  OF  CONFEDERATION  477 

tively ;  provided  that  such  restrictions  shall  not  extend  so  far 
as  to  prevent  the  removal  of  property  imported  into  any  State 
to  any  other  State  of  which  the  owner  is  an  inhabitant :  pro 
vided  also  that  no  imposition,  duties,  or  restriction  shall  be 
laid  by  any  State  on  the  property  of  the  United  States,  or  either 
of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or  other 
high  misdemeanor  in  any  State,  shall  flee  from  justice,  and  be  found 
in  any  of  the  United  States,  he  shall  upon  demand  of  the  Governor  or 
Executive  power  of  the  State  from  which  he  fled,  be  delivered  up  and 
removed  to  the  State  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  States  to  the 
records,  acts,  and  judicial  proceedings  of  the  courts  and  magistrates 
of  every  other  State. 

ARTICLE  V.  —  For  the  more  convenient  management  of  the 
general  interest  of  the  United  States,  delegates  shall  be  an 
nually  appointed  in  such  manner  as  the  legislature  of  each  State 
shall  direct,  to  meet  in  Congress  on  the  first  Monday  in  Novem 
ber,  in  every  year,  with  a  power  reserved  to  each  State,  to  recall 
its  delegates,  or  any  of  them,  at  any  time  within  the  year,  and 
to  send  others  in  their  stead,  for  the  remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than  two, 
nor  by  more  than  seven  members;  and  no  person  shall  be 
capable  of  being  a  delegate  for  more  than  three  years  in  any 
term  of  six  years ;  nor  shall  any  person,  being  a  delegate,  be 
capable  of  holding  any  office  under  the  United  States,  for 
which  he,  or  another  for  his  benefit,  receives  any  salary,  fees 
or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  a  meeting  of  the 
States,  and  while  they  act  as  members  of  the  committee  of  the 
States. 

In  determining  questions  in  the  United  States,  in  Congress 
assembled,  each  State  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall  not  be  impeached 
or  questioned  in  any  court,  or  place  out  of  Congress,  and  the  members 
of  Congress  shall  be  protected  in  their  persons  from  arrests  and  im- 


478  THE   CONFEDERATION 

prisonments,  during  the  time  of  their  going  to  and  from,  and  attend 
ance  on  Congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

Article  VI.  No  State  without  the  consent  of  the  United  States  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any 
embassy  from,  or  enter  into  any  conference,  agreement,  alliance  or 
treaty  with  any  king,  prince  or  state;  nor  shall  any  person  holding 
any  office  of  profit  or  trust  under  the  United  States,  or  any  of  them, 
accept  of  any  present,  emolument,  office  or  title  of  any  kind  whatever 
from  any  king,  prince  or  foreign  state ;  nor  shall  the  United  States 
in  Congress  assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confedera 
tion  or  alliance  whatever  between  them,  without  the  consent  of 
the  United  States  in  Congress  assembled,  specifying  accu 
rately  the  purposes  for  which  the  same  is  to  be  entered  into, 
and  how  long  it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere 
with  any  stipulations  in  treaties  entered  into  by  the  United 
States,  in  Congress  assembled,  with  any  king,  prince,  or  state, 
in  pursuance  of  any  treaties  already  proposed  by  Congress  to 
the  courts  of 'France  and  Spain. 

No  vessel  of  war  shall  be  kept  up  in  time  of  peace  by  any 
State,  except  such  number  only  as  shall  be  deemed  necessary 
by  the  United  States,  in  Congress  assembled,  for  the  defence  of 
such  State  or  its  trade,  nor  shall  any  body  of  forces  be  kept  up 
by  any  State  in  time  of  peace,  except  such  number  only  as,  in 
the  judgment  of  the  United  States,  in  Congress  assembled,  shall 
be  deemed  requisite  to  garrison  the  forts  necessary  for  the  de 
fence  of  such  State ;  but  every  State  shall  always  keep  up  a 
well-regulated  and  disciplined  militia,  sufficiently  armed  and 
accoutred,  and  shall  provide  and  constantly  have  ready  for  use 
in  public  stores  a  due  number  of  field-pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition,  and  camp  equipage. 

"No  State  shall  engage  in  any  war  without  the  consent  of  the 
United  States,  in  Congress  assembled,  unless  such  State  be 
actually  invaded  by  enemies,  or  shall  have  received  certain  ad 
vice  of  a  resolution  being  formed  by  some  nation  of  Indians  to 
invade  such  State,  and  the  danger  is  so  imminent  as  not  to  ad- 


ARTICLES   OF   CONFEDERATION  479 

mit  of  a  delay  till  the  United  States,  in  Congress  assembled, 
can  be  consulted ;  nor  shall  any  State  grant  commissions  to  any 
ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal,  except 
it  be  after  a  declaration  of  war  by  the  United  States,  in  Con 
gress  assembled,  and  then  only  against  the  kingdom  or  state, 
and  the  subjects  thereof,  against  which  war  has  been  so  de 
clared,  and  under  such  regulations  as  shall  be  established  by 
the  United  States,  in  Congress  assembled,  unless  such  State 
be  infested  by  pirates,  in  which  case  vessels  of  war  may  be 
fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger 
shall  continue,  or  until  the  United  States,  in  Congress  assem 
bled,  shall  determine  otherwise. 

ART.  VII.  —  When  land  forces  are  raised  by  any  State  for 
the  common  defence,  all  officers  of  or  under  the  rank  of  Colonel 
shall  be  appointed  by  the  Legislature  of  each  State  respectively 
by  whom  such  forces  shall  be  raised,  or  in  such  manner  as  such 
State  shall  direct,  and  all  vacancies  shall  be  filled  up  by  the 
States  which  first  made  the  appointment. 

ART.  VIII.  —  All  charges  of  war,  and  all  other  expenses 
that  shall  be  incurred  for  the  common  defence  or  federal  wel 
fare,  and  allowed  by  the  United  States  in  Congress  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which  shall  be 
supplied  by  the  several  States,  in  proportion,  to  the  value  of  all 
land  within  each  State,  granted  to  or  surveyed  for  any  person, 
as  such  land  and  the  buildings  and  improvements  thereon  shall 
be  estimated  according  to  such  mode  as  the  United  States 
in  Congress  assembled,  shall  from  time  to  time  direct  and 
appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid  and  levied 
by  the  authority  and  direction  of  the  Legislatures  of  the  several 
States  within  the  time  agreed  upon  by  the  United  States  in 
Congress  assembled. 

ARTICLE  IX.1  —  The  United  States  in  Congress  assembled, 
shall  have  the  sole  and  exclusive  right  and  power  of  determin 
ing  on  peace  and  war,  except  in  the  cases  mentioned  in  the 

1  Summarize  briefly  the  enumeration  of  powers  in  this  Article. 


480  THE  CONFEDERATION 

sixth  article  —  of  sending  and  receiving  ambassadors  —  enter 
ing  into  treaties  and  alliances,  provided  that  no  treaty  of 
commerce  shall  be  made  whereby  the  legislative  power  of  the 
respective  States  shall  be  restrained  from  imposing  such  imposts 
and  duties  on  foreigners,  as  their  own  people  are  subjected  to, 
or  from  prohibiting  the  exportation  or  importation  of  any 
species  of  goods  or  commodities  whatsoever  —  of  establishing 
rules  for  deciding  in  all  cases,  what  captures  on  land  or  water 
shall  be  legal,  and  in  what  manner  prizes  taken  by  land  or 
naval  forces  in  the  service  of  the  United  States  shall  be  divided 
or  appropriated  —  of  granting  letters  of  marque  and  reprisal 
in  times  of  peace  —  appointing  courts  for  the  trial  of  piracies 
and  felonies  committed  on  the  high  seas  and  establishing  courts 
for  receiving  and  determining  finally  appeals  in  all  cases  of 
captures,  provided  that  no  member  of  Congress  shall  be  ap 
pointed  a  judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be  the 
last  resort  on  appeal  in  all  disputes  and  differences  now  sub 
sisting  or  that  hereafter  may  arise  between  two  or  more  States 
concerning  boundary,  jurisdiction  or  any  other  cause  whatever ; 
which  authority  shall  always  be  exercised  in  the  manner  fol 
lowing.  [A  long  passage  as  to  method  of  constituting  com 
missioners  to  decide  such  contests.] 

The  United  States  in  Congress  assembled  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  0%  by  that  of  the 
respective  States  —  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States  —  regulating  the  trade  and  man 
aging  all  affairs  with  the  Indians,  not  members  of  any  of  the 
States,  provided  that  th^  legislative  right  of  any  State  within 
its  own  limits  be  not  infringed  or  violated  —  establishing  and 
regulating  post-offices  from  one  State  to  another,  throughout 
all  the  United  States,  and  exacting  such  postage  on  the  papers 
passing  thro'  the  same  as  may  be  requisite  to  defray  the  ex 
penses  of  the  said  office  —  appointing  all  officers  of  the  land 
forces,  in  the  service  of  the  United  States,  excepting  regimental 


ARTICLES  OF  CONFEDERATION  481 

officers  —  appointing  all  the  officers  of  the  naval  forces,  and 
commissioning  all  officers  whatever  in  the  service  of  the  United 
States  —  making  rules  for  the  government  and  regulation  of 
the  said  land  and  naval  forces,  and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have  au 
thority  to  appoint  a  committee,  to  sit  in  the  recess  of  Congress, 
to  be  denominated  "  a  Committee  of  the  States,"  and  to  consist 
of  one  delegate  from  each  State ;  and  to  appoint  such  other 
committees  and  civil  officers  as  may  be  necessary  for  manage- 
ing  the  general  affairs  of  the  United  States  under  their  direc 
tion  —  to  appoint  one  of  their  number  to  preside,  provided  that 
no  person  be  allowed  to  serve  in  the  office  of  president  more 
than  one  year  in  any  term  of  three  years ;  to  ascertain  the 
necessary  sums  of  money  to  be  raised  for  the  service  of  the 
United  States,  and  to  appropriate  and  apply  the  same  for  de 
fraying  the  public  expenses  —  to  borrow  money,  or  emit  bills 
on  the  credit  of  the  United  States,  transmitting  every  half 
year  to  the  respective  States  an  account  of  the  sums  of  money 
so  borrowed  or  emitted, — to  build  and  equip  a  navy — to  agree 
upon  the  number  of  land  forces,  and  to  make  requisitions  from 
each  State  for  its  quota,  in  proportion  to  the  number  of  white 
inhabitants  in  such  State ;  which  requisition  shall  be  binding ;  and 
thereupon  the  Legislature  of  each  State  shall  appoint  the  regi 
mental  officers,  raise  the  men,  and  clothe,  arm,  and  equip  them 
in  a  soldier-like  manner,  at  the  expense  of  the  United  States ; 
and  the  officers  and  men  so  clothed,  armed,  and  equipped  shall 
march  to  the  place  appointed,  and  within  the  time  agreed  on 
by  the  United  States,  in  Congress  assembled;  but  if  the  United 
States,  in  Congress  assembled,  shall,  on  consideration  of  cir 
cumstances,  judge  proper  that  any  State  should  not  raise  men, 
or  should  raise  a  smaller  number  than  its  quota,  and  that  any 
other  State  should  raise  a  greater  number  of  men  than  the 
quota  thereof,  such  extra  number  shall  be  raised,  officered, 
clothed,  armed,  and  equipped  in  the  same  manner  as  the  quota 
of  such  State,  unless  the  Legislature  of  such  State  shall  judge 
that  such  extra  number  cannot  be  safely  spared  out  of  the 


482  THE   CONFEDERATION 

same,  in  which  case  they  shall  raise,  officer,  clothe,  arm,  and 
equip  as  many  of  such  extra  number  as  they  judge  can  be 
safely  spared,  and  the  officers  and  men  so  clothed,  armed,  and 
equipped  shall  march  to  the  place  appointed,  and  within  the 
time  agreed  on  by  the  United  States,  in  Congress  assembled. 

The  United  States,  in  Congress  assembled,  shall  never  en 
gage  in  a  war,  nor  grant  letters  of  marque  and  reprisal  in  time 
of  peace,  nor  enter  into  any  treaties  or  alliances,  nor  coin 
money,  nor  regulate  the  value  thereof,  nor  ascertain  the  sums 
and  expenses  necessary  for  the  defence  and  welfare  of  the 
United  States,  or  any  of  them,  nor  emit  bills,  nor  borrow  money 
on  the  credit  of  the  United  States,  nor  appropriate  money,  nor 
agree  upon  the  number  of  vessels  of  war  to  be  built  or  pur 
chased,  or  the  number  of  land  or  sea  forces  to  be  raised,  nor 
appoint  a  commander-in-chief  of  the  army  or  navy,  unless  nine 
States  assent  to  the  same ;  nor  shall  a  question  on  any  other 
point,  except  for  adjourning  from  day  to  day,  be  determined, 
unless  by  the  votes  of  a  majority  of  the  United  States,  in  Con 
gress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  ad 
journ  to  any  time  within  the  year,  and  to  any  place  within  the 
United  States,  so  that  no  period  of  adjournment  be  for  a  longer 
duration  than  the  space  of  six  months,  and  shall  publish  the 
journal  of  their  proceedings  monthly,  except  such  parts  thereof 
relating  to  treaties,  alliances,  or  military  operations  as  in  their 
judgment  require  secrecy ;  and  the  yeas  and  nays  of  the  dele 
gates  of  each  State,  on  any  question  shall  be  entered  on  the 
journal,  when  it  is  desired  by  any  delegate ;  and  the  delegates 
of  a  State,  or  any  of  them,  at  his  or  their  request  shall  be 
furnished  with  a  transcript  of  the  said  journal,  except  such 
parts  as  are  above  excepted,  to  lay  before  the  Legislatures  of 
several  States. 

ARTICLE  X.  —  The  committee  of  the  States,  or  any  nine  of 
them,  shall  be  authorized  to  execute,  in  the  recess  of  Congress, 
such  of  the  powers  of  Congress  as  the  United  States  in  Con 
gress  assembled,  by  the  consent  of  nine  States,  shall  from 


ARTICLES  OF  CONFEDERATION  483 

time  to  time  think  expedient  to  vest  them  with ;  provided  that 
no  power  be  delegated  to  the  said  committee,  for  the  exercise 
of  which,  by  the  articles  of  confederation,  the  voice  of  nine 
States  in  the  Congress  of  the  United  States  assembled  is 
requisite. 

ARTICLE  XI.  —  Canada  acceding  to  this  confederation,  and 
joining  in  the  measures  of  the  United  States,  shall  be  admitted 
into,  and  entitled  to  all  the  advantages  of  this  Union  :  but  no 
other  colony  shall  be  admitted  into  the  same,  unless  such  ad 
mission  be  agreed  to  by  nine  States. 

ARTICLE  XII.  —  All  bills  of  credit  emitted,  monies  bor 
rowed  and  debts  contracted  by,  or  under  the  authority  of 
Congress,  before  the  assembling  of  the  United  States,  in  pur 
suance  of  the  present  confederation,  shall  be  deemed  and 
considered  as  a  charge  against  the  United  States,  for  payment 
and  satisfaction  whereof  the  said  United  States,  and  the  public 
faith  are  hereby  solemnly  pledged. 

Article  XIII.  —  Every  State  shall  abide  by  the  determinations  of 
the  United  States  in  Congress  assembled,  on  all  questions  which 
by  this  confederation  are  submitted  to  them.  And  the  articles  of 
this  confederation  shall  be  inviolably  observed  by  every  State,  and 
the  Union  shall  be  perpetual ;  nor  shall  any  alteration  at  any 
time  hereafter  be  made  in  any  of  them  ;  unless  such  alteration  be 
agreed  to  in  a  Congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  Legislatures  of  every  State. 

And  whereas  it  hath  pleased  the  Great  Governor  of  the 
World  to  incline  the  hearts  of  the  Legislatures  we  respectively 
represent  in  Congress,  to  approve  of,  and  to  authorize  us  to 
ratify  the  said  articles  of  confederation  and  perpetual  union. 
Know  ye  that  we  the  undersigned  delegates,  by  virtue  of  the 
power  and  authority  to  us  given  for  that  purpose,  do  by  these 
presents,  in  the  name  and  in  behalf  of  our  respective  con 
stituents,  fully  and  entirely  ratify  and  confirm  each  and  every 
of  the  said  articles  of  confederation  and  perpetual  union,  and 
all  and  singular  the  matters  and  things  therein  contained. 


484  THE  CONFEDERATION 

And  we  do  further  solemnly  plight  and  engage  the  faith  of  our 
respective  constituents,  that  they  shall  abide  by  the  determinations 
of  the  United  States,  in  Congress  assembled,  on  all  questions  which 
by  the  said  Confederation  are  submitted  to  them;  and  that  the 
Articles  thereof  shall  be  inviolably  observed  by  the  States  we  re 
spectively  represent,  and  that  the  Union  shall  be  perpetual. 

In  witness  whereof  we  have  hereunto  set  our  hands  in  Con 
gress.  Done  at  Philadelphia  in  the  State  of  Pennsylvania 
the  ninth  day  of  July  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  seventy-eight,  and  in  the  third  year  of 
the  independence  of  America. 

[The    signatures  follow.     Cf.  introduction,    on    p.  475,  for 
the  dates.] 


XXV.   THE  NATIONAL   DOMAIN 

148.  Desire  for  Statehood ;  Self-confidence  of  the  West 

Early  in  1784,  North  Carolina  ceded  her  western  territory  (afterward 
Tennessee)  to  Congress,  giving  that  body  two  years  in  which  to  accept. 
The  Westerners,  already  bitterly  dissatisfied,  now  complained  loudly  that 
the  mother  State  had  cast  them  off;  they  would  not  wait  two  years, 
in  anarchy,  for  possible  action  by  the  dilatory  Congress;  they  would 
take  their  fate  at  once  into  their  own  hands.  Accordingly,  the  three 
counties  of  eastern  Tennessee  (the  outgrowth  of  the  Watauga  settlement, 
numbering  now  some  10,000  souls)  established  themselves  for  a  time  as 
the  State  of  Frankland  ("  Land  of  the  Freemen  "). 

The  militia  had  been  organized  by  territorial  units,  each  "company" 
from  one  group  of  hamlets,  or  "  stations."  Each  "  company  "  now  chose 
delegates  to  a  central  convention.  This  "  preliminary  "  convention  rec 
ommended  the  people  to  choose  another  "constitutional  convention,"1 
with  full  powers  to  set  up  a  government.  August  23,  1784,  this  second 
convention,  composed  of  forty  delegates  with  John  Sevier  as  president, 
resolved  on  immediate  statehood,  and  put  forth  an  interesting  address 
to  justify  that  action.  The  following  passage  from  that  address  illustrates 
the  wild  hopes  of  the  West  as  to  immediate  development.  (Cf.  also 
American  History  and  Government,  §§  173-175.) 

"  If  we  should  be  so  happy  as  to  have  a  separate  government, 
vast  numbers  from  different  quarters,  with  a  little  encourage 
ment  from  the  public,  would  fill  up  our  frontier  ;  which  would 
strengthen  us,  improve  agriculture,  perfect  manufactures,  en 
courage  literature  and  everything  truly  laudable.  The  seat 
of  government  being  among  ourselves  would  evidently  tend, 
not  only  to  keep  a  circulating  medium  in  gold  and  silver 
among  us,2  but  would  draw  it  from  many  individuals  living  in 

1  These  quoted  phrases   are   the  modern   terms,  of   course.      The   Frank- 
landers  called  both  meetings  merely  conventions. 

2  This  was  a  matter  of  supreme  moment.    The  first  legislature  of  the  new 
State  found  it  necessary  to  fix  a  "currency  in  kind,"  as  legal-tender,   in 
which  all  business  transactions  should  be  carried  on,  and  all  government 

485 


486  THE  NATIONAL   DOMAIN 

other  States,  who  claim  large  quantities  of  land  that  would 
lie  within  the  bounds  of  the  new  State." 

[A  constitution  was  adopted  by  yet  a  third  convention,  and  government 
instituted  under  it.  North  Carolina,  however,  repealed  her  cession  before 
Congress  had  accepted  it,  and  reasserted  her  authority  over  "  Frankland," 
not  without  long  and  bitter  conflict.] 

149.    Organization  by  Congress 

a.    A  Plan  for  a  Temporary  Government  of  the  Western 
Territory.    April   23,  1784 

Journals  of  Congress  (1801  edition),  IX,  109-110. 

This  act  is  usually  known  as  Jefferson's  Territorial  Ordinance  of  1784. 
For  history,  cf.  American  History  and  Government,  §  181.  It  is  given 
here  mainly  for  comparison  with  the  Ordinance  of  1787  (No.  1496),  and, 
by  most  students,  it  can  be  read  to  best  advantage  after  a  study  of  that 
document. 

"  Resolved  that  so  much  of  the  territory  ceded  or  to  be  ceded  by  in 
dividual  states  to  the  United  States  [the  rest  of  this  paragraph  provides 
for  division  into  two  tiers  of  states,  bounded  by  alternate  parallels  of 
latitude,  with  some  rather  obscure  provisions  for  fragmentary  pieces  of 
territory  on  the  north  and  east,  cf .  American  History  and  Government, 
§  181.] 

"  That  the  settlers  on  any  territory  so  purchased,  and  offered  for  sale, 
shall,  either  on  their  own  petition  or  order  of  Congress,  receive  authority 
from  them,  with  appointments  of  time  and  place,  for  their  free  males  of 
full  age  within  the  limits  of  their  state  to  meet  together,  for  the  purpose 
of  establishing  a  temporary  government,  to  adopt  the  constitution  and 
laws  of  any  one  of  the  original  states  ;  so  that  such  laws  nevertheless 
shall  be  subject  to  alteration  by  their  ordinary  legislature  ;  and  to  erect, 
subject  to  a  like  alteration,  counties,  townships,  or  other  divisions,  for 
the  election  of  members  for  their  legislature. 

"  That  when  any  such  state  shall  have  acquired  20,000  free  inhabitants, 
on  giving  due  proof  thereof  to  Congress,  they  shall  receive  from  them 
authority,  with  appointments  of  time  and  place,  to  call  a  convention  of 

salaries  paid.  A  pound  of  sugar  was  to  pass  for  one  shilling ;  a  fox  or  raccoon 
skin  for  two  shillings ;  a  gallon  of  peach  brandy  for  three  shillings ;  and 
an  otter  or  a  deer  skin  for  six  shillings.  Easterners,  even  Benjamin  Franklin, 
indulged  in  much  laughter  at  this  "  money  which  could  not  be  counterfeited," 
forgetting  how  their  own  fathers  had  used  similar  currency. 


ORDINANCE   OF   1784  487 

representatives  to  establish  a  permanent  constitution  and  government  for 
themselves.  Provided  that  both  the  temporary  and  permanent  govern 
ments  be  establisted  on  these  principles  as  their  basis  : 

"  1st.  That  they  shall  for  ever  remain  a  part  of  this  confederacy  of  the 
United  States  of  America. 

"  2d.  That  they  shall  be  subject  to  the  articles  of  confederation  in  all 
those  cases  in  which  the  original  states  shall  be  so  subject,  and  to  all  the 
acts  and  ordinances  of  the  United  States  in  Congress  assembled,  conform 
able  thereto. 

"3d.  That  they  in  no  case  shall  interfere  with  the  primary  disposal 
of  the  soil  by  the  United  States  in  Congress  assembled,  nor  with  the 
ordinances  and  regulations  which  Congress  may  find  necessary,  for  secur 
ing  the  title  in  such  soil  to  the  bona  fide  purchasers. 

"4th.  That  they  shall  be  subject  to  pay  a  part  of  the  federal  debts 
contracted  or  to  be  contracted,  to  be  apportioned  on  them  by  Congress, 
according  to  the  same  common  rule  and  measure  by  which  apportion 
ments  thereof  shall  be  made  on  the  other  states. 

"  5th.  That  no  tax  shall  be  imposed  on  lands,  the  property  of  the 
United  States. 

"  6th.   That  their  respective  governments  shall  be  republican. 

"  7th.  That  the  lands  of  non-resident  proprietors  shall,  in  no  case,  be 
taxed  higher  than  those  of  residents  within  any  new  state,  before  the 
admission  thereof  to  a  vote  by  its  delegates  in  Congress. 

"  That  whensoever  any  of  the  said  states  shall  have,  of  free  inhabitants, 
as  many  as  shall  then  be  in  any  one  the  least  numerous  of  the  thirteen 
original  states,  such  state  shall  be  admitted  by  its  delegates  into  the 
Congress  of  the  United  States,  on  an  equal  footing  with  the  said  original 
states;  provided  the  consent  of  so  many  states  in  Congress  is  first  ob 
tained  as  may  at  the  time  be  competent  to  such  admission.  (And  in 
order  to  adapt  the  said  articles  of  confederation  to  the  state  of  Congress 
when  its  numbers  shall  be  thus  increased,  it  shall  be  proposed  to  the 
legislatures  of  the  states,  originally  parties  thereto,  to  require  the  assent 
of  two-thirds  of  the  United  States  in  Congress  assembled,  in  all  those 
cases  wherein  by  the  said  articles,  the  assent  of  nine  states  is  now  re 
quired,  which  being  agreed  to  by  them,  shall  be  binding  on  the  new 
states.)  Until  such  admission  by  their  delegates  into  Congress,  any  of 
the  said  states  after  the  establishment  of  their  temporary  government 
shall  have  authority  to  keep  a  member  in  Congress,  with  a  right  of 
debating  but  not  of  voting. 

"  That  measures  not  inconsistent  with  the  principles  of  the  confedera 
tion,  and  necessary  for  the  preservation  of  peace  and  good  order  among 
the  settlers  in  any  of  the  said  new  States,  until  they  shall  assume  a  tern- 


488  THE  NATIONAL  DOMAIN 

porary  government  as  aforesaid,  may  from  time  to  time,  be  taken  by  the 
United  States  in  Congress  assembled.1 

"  That  the  preceding  articles  shall  be  formed  into  a  charter  of  compact 
.  .  .  [provision  for  promulgation]  and  shall  stand  as  fundamental  consti 
tutions  between  the  thirteen  original  States  and  each  of  the  several  States 
now  newly  described,  unalterable  .  .  .  but  by  the  joint  consent  of  the 
United  States  in  Congress  assembled  and  of  the  particular  State  within 
which  such  alteration  is  proposed  to  be  made." 

I.  The  Northwest  Ordinance  (July  13,  1787} 
Journals  of  Congress  (1801  edition),  XII,  58  ff. 

For  history  of  this  document,  cf.  American  History  and  Government, 
§  182.  The  documents  relating  to  the  acquisition  of  a  "  Public  Domain  " 
are  quoted  so  extensively  in  that  work  that  they  are  omitted  in  this  collec 
tion.  Cf.,  however,  No.  146  above  for  discussions  in  Congress. 

An  Ordinance  for  the  government  of  the  territory  of  the  United 
States  Northwest  of  the  River  Ohio 

Be  it  ordained  by  the  United  States  in  Congress  Assembled 
that  the  said  territory  for  the  purposes  of  temporary  govern 
ment  be  one  district,  subject  however  to  be  divided  into  two 
districts  as  future  circumstances  may  in  the  opinion  of  Con 
gress  make  it  expedient. 

Be  it  ordained  by  the  authority  aforesaid,  that  the  estates 
both  of  resident  and  non  resident  proprietors  in  the  said  terri 
tory  dying  intestate  shall  descend  to  and  be  distributed  among 
their  children  arid  the  descendants  of  a  deceased  child  in  equal 
parts ;  the  descendants  of  a  deceased  child  or  grandchild  to  take 
the  share  of  their  deceased  parent  in  equal  parts  among  them ; 
and  where  there  shall  be  no  children  or  descendants  then  in  equal 
parts  to  the  next  of  kin  in  equal  degree  ;  and  among  collaterals 
the  children  of  a  deceased  brother  or  sister  of  the  intestate  shall 

1  This  paragraph  was  added  by  amendment  (proposed  by  Mr.  Gerry)  at  the 
last  moment.  A  more  stringent  proposition  was  lost,  —  viz.:  "That  until 
such  time  as  the  settlers  shall  have  adopted  the  constitution  and  laws  of 
some  one  of  the  original  states  .  .  .  the  settlers  shall  be  ruled  by  magistrates 
to  be  appointed  by  the  United  States  in  Congress  assembled,  and  under  such 
laws  and  regulations  as  the  United  States,  in  Congress  assembled,  shall  direct." 


NORTHWEST   ORDINANCE,    1787  489 

have  in  equal  parts  among  them  their  deceased  parent's  share 
and  there  shall  in  no  case  be  a  distinction  between  kindred  of 
the  whole  and  half  blood ;  saving  in  all  cases  to  the  widow  of 
the  intestate  her  third  part  of  the  real  estate  for  life,  and  one 
third  part  of  the  personal  estate  :  and  this  law  relative  to  de 
scents  and  dower  shall  remain  in  full  force  until  altered  by  the 
legislature  of  the  district.  And  until  the  governor  and  judges 
shall  adopt  laws  as  herein  after  mentioned,  estates  in  the  said 
territory  may  be  devised  or  bequeathed  by  wills  in  writing 
signed  and  sealed  by  him  or  her  in  whom  the  estate  may  be,  be 
ing  of  full  age,  and  attested  by  three  witnesses,  and  real  estates 
may  be  conveyed  by  lease  and  release  or  bargain  and  sale,  signed, 
sealed  and  delivered  by  the  person  being  of  full  age  in  whom 
the  estate  may  be,  and  attested  by  two  witnesses,  provided  such 
wills  be  duly  proved  and  such  conveyances  be  acknowledged 
or  the  excution  there  of  duly  proved,  and  be  recorded  within 
one  year  after  proper  magistrates,  courts  and  registers  shall  be 
appointed  for  that  purpose ;  and  personal  property  may  be  trans 
ferred  by  delivery  saving  however  to  the  f rench  and  Canadian 
inhabitants  and  other  settlers  of  the  Kaskaskies,  Saint  Vincents 
and  the  neighbouring  villages,  who  have  hereto  fore  professed 
themselves  citizens  of  Virginia,  their  laws  and  customs  now  in 
force  among  them,  relative  to  the  descent  and  conveyance  of 
property. 

Be  it  ordained  by  the  authority  aforesaid,  that  there  shall  be 
appointed,  from  time  to  time,  by  Congress,  a  governor,  whose 
commission  shall  continue  in  force  for  the  term  of  three  years, 
unless  sooner  revoked  by  Congress ;  he  shall  reside  in  the  dis 
trict,  and  have  a  freehold  estate  therein  in  1000  acres  of  land, 
while  in  the  exercise  of  his  office. 

There  shall  be  appointed,  from  time  to  time,  by  Congress, 
a  secretary,  whose  commission  shall  continue  in  force  for  four 
years  unless  sooner  revoked ;  he  shall  reside  in  the  district, 
and  have  a  freehold  estate  therein  in  500  acres  of  land,  while  in 
the  exercise  of  his  office ;  it  shall  be  his  duty  to  keep  and  pre 
serve  the  acts  and  laws  passed  by  the  legislature,  and  the  public 


490  THE  NATIONAL  DOMAIN 

records  of  the  district,  and  the  proceedings  of  the  governor  in 
his  Executive  department;  and  transmit  authentic  copies  of 
such  acts  and  proceedings,  every  six  months,  to  the  Secretary 
of  Congress  :  There  shall  also  be  appointed  a  court  to  consist  of 
three  judges,  any  two  of  whom  to  form  a  court,  who  shall  have 
a  common  law  jurisdiction,  and  reside  in  the  district,  and  have 
each  therein  a  freehold  estate  in  500  acres  of  land  while  in  the 
exercise  of  their  offices ;  and  their  commissions  shall  continue 
in  force  during  good  behavior. 

The  governor  and  judges,  or  a  majority  of  them,  shall  adopt 
and  publish  in  the  district  such  laws  of  the  original  States, 
criminal  and  civil,  as  may  be  necessary  and  best  suited  to  the 
circumstances  of  the  district,  and  report  'them  to  Congress 
from  time  to  time :  which  laws  shall  be  in  force  in  the  district 
until  the  organization  of  the  General  Assembly  therein,  unless 
disapproved  of  by  Congress ;  but,  afterwards,  the  legislature 
shall  have  authority  to  alter  them  as  they  shall  think  fit. 

The  governor,  for  the  time  being,  shall  be  commander-in- 
chief  of  the  militia,  appoint  and  commission  all  officers  in  the 
same  below  the  rank  of  general  officers ;  all  general  officers 
shall  be  appointed  and  commissioned  by  Congress. 

Previous  to  the  organization  of  the  General  Assembly,  the 
governor  shall  appoint  such  magistrates  and  other  civil  officers, 
in  each  county  or  township,  as  he  shall  find  necessary  for  the 
preservation  of  the  peace  and  good  order  in  the  same.  After 
the  General  Assembly  shall  be  organized,  the  powers  and 
duties  of  the  magistrates  and  other  civil  officers  shall  be 
regulated  and  defined  by  the  said  Assembly ;  but  all  ...  civil 
officers  not  herein  otherwise  directed  shall  during  the  con 
tinuance  of  this  temporary  government  be  appointed  by  the 
governor. 

For  the  prevention  of  crimes  and  injuries  the  laws  to  be 
adopted  or  made  shall  have  force  in  all  parts  of  the  district ; 
and  for  the  execution  of  process  criminal  and  civil,  the  gov 
ernor  shall  make  proper  divisions  thereof,  and  he  shall  proceed 
from  time  to  time  as  circumstances  may  require  to  lay  out  the 


NORTHWEST   ORDINANCE,    1787  491 

parts  of  the  District  in  which  the  indlan  titles  shall  have  been 
extinguished  into  counties  and  townships  subject  however  to 
such  alterations  as  may  thereafter  be  made  by  the  legislature. 

So  soon  as  there  shall  be  five  thousand  free  male  inhabitants 
of  full  age  in  the  district,  upon  giving  proof  thereof  to  the 
governor,  they  shall  receive  authority  with  time  and  place  to 
elect  representatives  from  their  counties  or  townships  to  repre 
sent  them  in  the  general  Assembly,  provided  that  for  every  five 
hundred  free  male  inhabitants  there  shall  be  one  representa 
tive;  and  so  on  progressively  with  the  number  of  free  male 
inhabitants  shall  the  right  of  representation  eiicrease  until  the 
number  of  representatives  shall  amount  to  twenty  five,  after 
which  the  number  and  proportion  of  representatives  shall  be 
regulated  by  the  legislature ;  provided  that  no  person  be  eligi 
ble  or  qualified  to  act  as  a  representative  unless  he  shall  have 
been  a  citizen  of  one  of  the  United  States  three  years  and  be 
a  resident  in  the  district  or  unless  he  shall  have  resided  in  the 
district  three  years,  and  in  either  case  shall  likewise  hold  in 
his  own  right  in  fee  simple  two  hundred  acres  of  land  within 
the  same ;  provided  also  that  a  freehold  in  fifty  acres  of  land 
in  the  district  having  been  a  citizen  of  one  of  the  states  and 
being  resident  in  the  district,  or  the  like  freehold  and  two 
years  residence  in  the  district  shall  be  necessary  to  qualify  a 
man  as  an  elector  of  a  representative. 

The  representatives  thus  elected  shall  serve  for  the  term  of 
two  years,  and  in  case  of  the  death  of  a  representative  or 
removal  from  office,  the  governor  shall  issue  a  writ  to  the 
county  or  township  for  which  he  was  a  member,  to  elect 
another  in  his  stead  to  serve  for  the  residue  of  the  term. 

The  general  Assembly  or  legislature  shall  consist  of  the 
governor,  legislative  council  and  a  house  of  representatives. 
The  legislative  council  shall  consist  of  five  members  to  con 
tinue  in  Office  five  years  unless  sooner  removed  by  Congress, 
any  three  of  whom  to  be  a  quorum  and  the  members  of  the 
council  shall  be  nominated  and  appointed  in  the  following 
manner,  to  wit:  As  soon  as  representatives  shall  be  elected, 


492  THE  NATIONAL  DOMAIN 

the  governor  shall  appoint  a  time  and  place  for  them  to  meet 
together;  and,  when  met,  they  shall  nominate  ten  persons, 
residents  in  the  district,  and  each  possessed  of  a  freehold  in 
500  acres  of  land,  and  return  their  names  to  Congress ;  five  of 
whom  Congress  shall  appoint  and  commission  to  serve  as 
aforesaid ;  and,  whenever  a  vacancy  shall  happen  in  the 
council,  by  death  or  removal  from  office,  the  house  of  repre 
sentatives  shall  nominate  two  persons,  qualified  as  aforesaid, 
for  each  vacancy,  and  return  their  names  to  Congress ;  one  of 
whom  Congress  shall  appoint  and  commission  for  the  residue 
of  the  term.  And  every  five  years,  four  months  at  least  be 
fore  the  expiration  of  the  time  of  service  of  the  members  of 
council,  the  said  house  shall  nominate  ten  persons,  qualified  as 
aforesaid,  and  return  their  names  to  Congress ;  five  of  whom 
Congress  shall  appoint  and  commission  to  serve  as  members  of 
the  council  five  years,  unless  sooner  removed.  And  the 
governor,  legislative  council,  and  house  of  representatives, 
shall  have  authority  to  make  laws  in  all  cases,  for  the  good 
government  of  the  district,  not  repugnant  to  the  principles 
and  articles  in  this  ordinance  established  and  declared.  And 
all  bills,  having  passed  by  a  majority  in  the  house,  and  by  a 
majority  in  the  council,  shall  be  referred  to  the  governor  for 
his  assent ;  but  no  bill,  or  legislative  act  whatever,  shall  be  of 
any  force  without  his  assent.  The  governor  shall  have  power 
to  convene,  prorogue,  and  dissolve  the  General  Assembly, 
when,  in  his  opinion,  it  shall  be  expedient. 

The  governor,  judges,  legislative  council,  secretary,  and 
such  other  officers  as  Congress  shall  appoint  in  the  district, 
shall  take  an.  oath  or  affirmation  of  fidelity  and  of  office ;  the 
governor  before  the  President  of  Congress,  and  all  other  officers 
before  the  governor.  As  soon  as  a  legislature  shall  be  formed 
in  the  district,  the  council  and  house  assembled  in  one  room, 
shall  have  authority,  by  joint  ballot,  to  elect  a  delegate  to 
Congress,  who  shall  have  a  seat  in  Congress,  with  a  right  of 
debating  but  not  of  voting  during  this  temporary  government. 

And,  for  extending   the  fundamental  principles  of  civil   and 


NORTHWEST  ORDINANCE,    1787  493 

religious  liberty,  which  form  the  basis  whereon  these  republics, 
their  laws  and  constitutions  are  erected;  to  fix  and  establish 
those  principles  as  the  basis  of  all  laws,  constitutions,  and  govern 
ments,  which  forever  hereafter  shall  be  formed  in  the  said 
territory :  to  provide  also  for  the  establishment  of  States,  and 
permanent  Government  therein,  and  for  their  admission  to  a 
Share  in  the  federal  Councils  on  an  equal  footing  with  the 
original  States,  at  as  early  periods  as  may  be  consistent  with  the 
general  interest  — 

It  is  hereby  Ordained  and  declared  by  the  authority  afore 
said,  That  the  following  Articles  shall  be  considered  as  Arti 
cles  of  compact  between  the  Original  States  and  the  People 
and  States  in  the  said  territory,  and  forever  remain  unalterable, 
unless  by  common  consent,  to  wit, 

Article  the  First.  No  Person  demeaning  himself  in  a  peace 
able  and  orderly  manner  shall  ever  be  molested  on  account  of 
his  mode  of  worship  or  religious  sentiments  in  the  said  terri 
tory — 

Article  the  Second.  The  Inhabitants  of  the  said  territory 
shall  always  be  entitled  to  the  benefits  of  the  writ  of  Habeas 
Corpus,  and  of  the  trial  by  jury ;  of  a  proportionate  repre 
sentation  of  the  people  in  the  legislature,  and  of  judicial  pro 
ceedings  according  to  the  course  of  the  common  law;  all 
Persons  shall  be  bailable  unless  for  capital  offences,  where 
the  proof  shall  be  evident,  or  the  presumption  great ;  all  fines 
shall  be  moderate,  and  no  cruel  or  unusual  punishments  shall 
be  inflicted ;  no  man  shall  be  deprived  of  his  liberty  or  prop 
erty  but  by  the  judgment  of  his  Peers,  or  the  law  of  the  land ; 
and'should  the  Public  exigencies  make  it  necessary  for  the 
common  preservation  to  take  any  person's  property,  or  to 
demand  his  particular  Services,  full  compensation  shall  be 
made  for  the  same,  —  and  in  the  just  preservation  of  rights  and 
property  it  is  understood  and  declared,  that  no  law  ought  ever 
to  be  made,  or  have  force  in  the  said  territory,  that  shall  in 
any  manner  whatever  interfere  with  or  affect  private  Contracts 
or  engagements,  bona  fide  and  without  fraud  previously  formed. 


494  THE  NATIONAL  DOMAIN 

Article  the  Third.  Eeligion,  Morality  and  knowledge  being 
necessary  to  good  Government  and  the  happiness  of  mankind, 
Schools  and  the  means  of  education  shall  forever  be  encour 
aged.  The  utmost  good  faith  shall  always  be  observed  towards 
the  Indians;  their  lands  and  property  shall  never  be  taken 
from  them  without  their  consent ;  and  in  their  property,  rights 
and  liberty,  they  never  shall  be  invaded  or  disturbed,  unless 
in  just  and  lawful  wars  authorized  by  Congress;  but  laws 
founded  in  justice  and  humanity  shall  from  time  to  time  be 
made,  for  preventing  wrongs  being  done  to  them,  and  for 
preserving  peace  and  friendship  with  them  — 

Article  the  Fourth.  The  said  Territory,  and  the  States 
which  may  be  formed  therein,  shall  forever  remain  a  part  of 
this  Confederacy  .  .  .  subject  to  the  Articles  of  Confederation, 
and  to  such  alterations  therein  as  shall  be  constitutionally 
made  ;  and  to  all  the  acts  and  ordinances  of  the  United  States 
in  Congress  assembled,  comformable  thereto.  The  inhabitants 
and  settlers  in  the  said  territory  shall  be  subject  to  pay  a 
part  of  the  federal  debts  contracted  or  to  be  contracted,  and 
a  proportional  part  of  the  expenses  of  government,  to  be  ap 
portioned  on  them  by  Congress  according  to  the  same  common 
rule  and  measure  by  which  apportionments  thereof  shall  be 
made  on  the  other  States ;  and  the  taxes,  for  paying  their 
proportion,  shall  be  laid  and  levied  by  the  authority  and  direc 
tion  of  the  legislatures  of  the  district  or  districts,  or  new  States, 
as  in  the  original  States  within  the  time  agreed  upon  by  the 
United  States  in  Congress  assembled.  The  legislatures  of 
those  districts  or  new  States  shall  never  interfere  with  the  pri 
mary  disposal  of  the  soil  by  the  United  States  in  Congress  as 
sembled,  nor  with  any  regulations  Congress  may  find  necessary 
for  securing  the  title  in  such  soil  to  the  bona  fide  purchasers. 
No  tax  shall  be  imposed  on  lands  the  property  of  the  United 
States ;  and,  in  no  case,  shall  non-resident  proprietors  be  taxed 
higher  than  residents.  The  navigable  waters  leading  into  the 
Mississippi  and  St.  Lawrence,  and  the  carrying  places  between 
the  same,  shall  be  common  highways,  and  forever  free,  as  well 


NORTHWEST   ORDINANCE,  1787  495 

to  the  inhabitants  of  the  said  territory  as  to  the  citizens  of  the 
United  States,  and  those  of  any  other  States  that  may  be  ad 
mitted  into  the  Confederacy,  without  any  tax,  impost,  or  duty, 
therefor. 

Article  the  Fifth.  There  shall  be  formed  in  the  said  territory, 
not  less  than  three  nor  more  than  five  States ;  and  the  bound 
aries  of  the  States,  as  soon  as  Virginia  shall  alter  her  act  of 
cession,  and  consent  to  the  same,  shall  become  fixed  and  es 
tablished  as  follows,  to  wit:  The  Western  State  in  the  said 
territory,  shall  be  bounded  by  the  Mississippi,  the  Ohio,  and 
Wabash  rivers  ;  a  direct  line  drawn  from  the  Wabash  and  Post 
St.  Vincent's,  due  North,  to  the  territorial  line  between  the 
United  States  and  Canada ;  and,  by  the  said  territorial  line, 
to  the  Lake  of  the  Woods  and  Mississippi.  The  middle  State 
shall  be  bounded  by  the  said  direct  line,  the  Wabash  from  Post 
Vincent's,  to  the  Ohio ;  by  the  Ohio,  by  a  direct  line,  drawn 
due  North  from  the  mouth  of  the  Great  Miami,  to  the  said 
territorial  line,  and  by  the  said  territorial  line.  The  Eastern 
State  shall  be  bounded  by  the  last  mentioned  direct  line,  the 
Ohio,  Pennsylvania,  and  the  said  territorial  line :  Provided 
however,  and  it  is  further  understood  and  declared,  that  the 
boundaries  of  these  three  States  shall  be  subject  so  far  to  be 
altered,  that,  if  Congress  shall  hereafter  find  it  expedient, 
they  shall  have  authority  to  form  one  or  two  States  in  that 
part  of  the  said  territory  which  lies  North  of  an  East  and  West 
line  drawn  through  the  Southerly  bend  or  extreme  of  lake 
Michigan.  And,  whenever  any  of  the  said  States  shall  have 
60,000  free  inhabitants  therein,  such  State  shall  be  admitted, 
by  its  delegates,  into  the  Congress  of  the  United  States,  on  an 
equal  footing  with  the  original  States  in  all  respects  whatever, 
and  shall  be  at  liberty  to  form  a  permanent  constitution  and 
State  government:  Provided,  the  constitution  and  government, 
so  to  be  formed,  shall  be  republican,  and  in  conformity  to  the 
principles  contained  in  these  articles ;  and,  so  far  as  it  can  be 
consistent  with  the  general  interest  of  the  confederacy,  such 
admission  shall  be  allowed  at  an  earlier  period,  and  when  there 


496  THE  NATIONAL  DOMAIN 

may  be  a  less  number  of  free  inhabitants  in  the  State  than 
60,000. 

Article  the  Sixth.  There  shall  be  neither  slavery  nor  involun 
tary  servitude  in  the  said  territory,  otherwise  than  in  the  punish 
ment  of  crimes,  whereof  the  party  shall  have  been  duly  convicted : 
Provided,  always,  That  any  person  escaping  into  the  same,  from 
whom  labor  or  service  is  lawfully  claimed  in  any  one  of  the  orig 
inal  States,  such  fugitive  may  be  lawfully  reclaimed  and  conveyed 
to  the  person  claiming  his  or  her  labor  or  service  as  aforesaid. 

Be  it  ordained  by  the  authority  aforesaid,  That  the  resolutions 
of  the  23d  of  April,  1784,  relative  to  the  subject  of  this  ordi 
nance,  be,  and  the  same  are  hereby,  repealed  and  declared  null 
and  void.1 

Done  by  the  United  States,  in  Congress  assembled,  the  13th 
day  of  July,  in  the  year  of  our  Lord  1787,  and  of  their 
sovereignty  and  independence  the  twelfth. 

[The  great  Sixth  Article  has  rendered  this  Ordinance  immortal.  This 
anti-slavery  provision,  however,  has  been  spoken  of  sometimes  in  terms 
more  rhetorical  than  exact.  Senator  Hoar,  in  a  centennial  memorial 
oration  at  Marietta,  in  1888,  said:  "Here  was  the  first  human  govern 
ment  under  which  absolute  civil  and  religious  liberty  has  always  pre 
vailed.  .  .  .  Here  no  slave  was  ever  born,  or  dwelt."  The  student  may 
compare  American  History  and  Government,  §  333,  close.  But  Daniel 
Webster  was  the  historian  rather  than  merely  the  orator  when  he  said  : 
"  I  doubt  whether  one  single  law  of  any  lawgiver,  ancient  or  modern,  has 
produced  effects  of  more  distinct,  marked,  and  lasting  character,  than  the 
Ordinance  of  1787." 

August  7,  1789,  the  First  Congress  under  the  Constitution  passed  a 
Confirmatory  Act,  reenacting  the  Northwest  Ordinance,  with  the  provi 
sion  that  the  appointments  therein  referred  to  Congress  should  be  made 
by  the  President,  subject  to  confirmation  by  the  Senate.] 

1  For  this  earlier  ordinance,  cf.  No.  149a. 


XXVI.     DRIFTING   TOWARD   ANARCHY 

160.  Danger  (or  Hope)  of  a  Military  Dictator  (1783) 

Gouverneur  Morris  to  John  Jay 

Life  and  Works  of  Morris  (Sparks'  edition),  I,  249.  If  this  letter  is 
taken  in  conjunction  with  the  army  plots,  it  would  seem  that  Morris  was 
not  averse  to  a  military  revolution  as  a  step  toward  aristocratic  rule. 

PHILADELPHIA,  January  1,  1783. 

.  .  .  The  army  have  swords  in  their  hands.  You  know  enough 
of  the  history  of  mankind  to  know  much  more  than  I  have  said, — 
and  possibly  much  more  than  they  themselves  yet  think  of. 
I  will  add,  however,  that  I  am  glad  to  see  things  in  this  pres 
ent  train.  Depend  on  it ;  good  will  arise  from  the  situation  to 
which  ice  are  hastening.  .  .  .  Although  I  think  it  probable  that 
much  of  convulsion  will  ensue,  yet  it  must  terminate  in  giving 
to  government  that  power  without  which  government  is  but  a 
name. 

151.   Shays1  Rebellion 

a.  A  temperate  statement  of  real  grievances  leading  to 
the  "Rebellion" 

Minot's  History  of  the  Insurrection  in  Massachusetts,  pages  34-37. 

The  following  u  schedule  of  grievances "  was  adopted  by  a  mass 
convention  of  Hampshire  County,  Massachusetts,  in  1786.  For  the 
general  narrative,  cf.  American  History  and  Government,  §  188-192. 

At  a  meeting  of  the  delegates  from  fifty  towns  in  the  county 
of  Hampshire,  in  convention  held  at  Hatfield,  in  said  county, 
on  Tuesday,  the  22d  day  of  August  instant  [1786],  and  con 
tinued  by  adjournments  until  the  twenty  fifth,  etc.  Voted, 
that  this  meeting  is  constitutional. 

497 


498  DRIFTING  TOWARD   ANARCHY 

The  convention  from  a  thorough  conviction  of  great  uneasi 
ness,  subsisting  among  the  people  of  this  county  and  Common 
wealth,  then  went  into  an  inquiry  for  the  cause;  and,  upon 
mature  consideration,  deliberation,  and  debate,  were  of  opinion, 
that  many  grievances  and  unnecessary  burdens  now  lying  upon 
the  people,  are  the  source  of  that  discontent  so  evidently  discover 
able  throughout  this  Commonwealth.     Among  which  the  follow 
ing  articles  were  voted  as  such,  viz. 
1st.     The  existence  of  the  Senate}- 
^  2d.     The  present  mode  of  representation. 

3d.  The  officers  of  government  not  being  annually  depend 
ent  on  the  representatives  of  the  people,  in  General  Court 
assembled,  for  their  salaries. 

4th.  All  the  civil  officers  of  government,  not  being  annually 
elected  by  the  Representatives  of  the  people,  in  General  Court 
assembled, 

5th.  The  existence  of  the  Courts  of  Common  Pleas,  and 
General  Sessions  of  the  Peace. 

6th.     TJie  Fee  Table  as  it  now  stands. 

7th.  The  present  mode  of  appropriating  the  impost  and 
excise. 

8th.  The  unreasonable  grants  made  to  some  of  the  officers  of 
government. 

9th.     The  supplementary  aid. 

10th.  The  present  mode  of  paying  the  governmental  se 
curities. 

llth.  The  present  mode  adopted  for  the  payment  and 
speedy  collection  of  the  last  tax. 

12th.  TJie  present  mode  of  taxation,  as  it  operates  unequally 
between  the  polls  and  estates,  and  between  landed  and  mercantile 
interests. 

13th.     TJie  present  method  of  practice  of  the  attornies  at  law. 
14th.     TJie  want  of  a  sufficient  medium   of  trade,  to  remedy 
the  mischiefs  arising  from  the  scarcity  of  money. 

1  Which  was  so  constituted  as  to  represent  wealth  rather  than  men,  cf. 
American  History  and  Government,  §  154  and  note. 


SHAYS'   REBELLION  499 

15th.     The  General  Court  sitting  in  the  town  of  Boston. 

16th.     The  present  embarrassments  on  the  press. 

17th.  The  neglect  of  the  settlement  of  important  matters 
depending  between  the  Commonwealth  and  Congress,  relating 
to  monies  and  averages. 

18th.  Voted,  This  convention  recommend  to  the  several 
towns  in  this  country  that  they  instruct  their  Representatives, 
to  use  their  influence  in  the  next  General  Court,  to  have 
emitted  a  bank  of  paper  money,  subject  to  a  depreciation;  making 
it  a  tender  in  all  payments^  equal  to  silver  and  gold,  to  be  issued 
in  order  to  call  in  the  Commonwealth's  securities.  • 

19th.  Voted,  TJiat  whereas  several  of  the  above  articles  of 
grievances  arise  from  defects  in  the  constitution;  therefore  a 
revision  of  the  same  ought  to  take  place. 

20th.  Voted,  That  it  be  recommended  by  this  convention 
to  the  several  towns  in  this  county,  that  they  petition  the 
Governour  to  call  the  General  Court  immediately  together,  in 
order  that  the  other  grievances  complained  of,  may,  by  the 
legislature,  be  redressed. 

2 1 st.  Voted,  That  this  convention  recommend  it  to  the  inhabi 
tants  of  this  county,  that  they  abstain  from  all  mobs  and  unlawful 
assemblies,  until  a  constitutional  method  of  redress  can  be  obtained. 

22d.  Voted,  That  Mr.  Caleb  West  be  desired  to  transmit  a 
copy  of  the  proceedings  of  this  convention  to  the  convention 
of  the  County  of  Worcester. 

23d.  Voted,  That  the  chairman  of  the  convention  be  desired 
to  transmit  a  copy  of  the  proceedings  of  this  convention  to  the 
county  of  Berkshire. 

24th.  Voted,  That  the  chairman  of  this  convention  be  directed 
to  notify  a  county  convention,  upon  any  motion  made  to  him 
for  that  purpose,  if  he  judge  the  reasons  offered  be  sufficient, 
giving  such  notice  together  with  the  reasons  therefor,  in  the 
publick  papers  of  this  county. 

25th.  Voted,  That  a  copy  of  the  proceedings  of  this  convention 
be  sent  to  the  press  in  Springfield  for  publication. 


500  DRIFTING  TOWARD  ANARCHY 

!}•   Washington's  Alarm 

(1)   George  Washington  to  Henry  Lee. 

Washington's  Writings  (Ford  edition),  XI,  76-78.  Lee  was  a  Virginia 
delegate  in  the  Continental  Congress.  Washington's  letter  is  in  reply  to 
one  received  from  Lee. 

MOUNT  VERNON,  October  31,  1786. 

.  .  .  The  picture  which  you  have  exhibited  ...  of  the  commo 
tions  and  temper  of  numerous  bodies  in  the  eastern  States,  are 
equally  to  be  lamented  and  deprecated.  They  exhibit  a  mel 
ancholy  proof  of  what  our  transatlantic  foe  has  predicted;  and  of 
another  thing  perhaps,  which  is  still  more  to  be  regretted,  and  is 
yet  more  unaccountable,  that  mankind,  when  left  to  themselves,  are 
unfit  for  their  own  government.  I  am  mortified  beyond  expres 
sion  when  I  view  the  clouds  that  have  spread  over  the  brightest 
morn  that  ever  dawned  upon  any  country.  In  a  word,  I  am 
lost  in  amazement  when  I  behold  what  intrigue,  the  interested 
views  of  desperate  characters,  ignorance,  and  jealously  of  the 
minor  part,  are  capable  of  effecting,  as  a  scourge  on  the  major 
part  of  our  fellow  citizens  of  the  Union ;  for  it  is  hardly  to  be 
supposed,  that  the  great  body  of  the  people,  though,  they  will 
not  act,  can  be  so  shortsighted  or  enveloped  in  darkness,  as 
not  to  see  rays  of  a  distant  sun  through  all  this  mist  of  intox 
ication  and  folly. 

You  talk,  my  good  Sir,  of  employing  influence  to  appease  the 
present  tumults  in  Massachusetts.  I  know  not  where  that  in 
fluence  is  to  be  found,  or,  if  attainable,  that  it  would  be  a  proper 
remedy  for  the  disorders.  Influence  is  no  government.  Let  us 
have  one  by  which  our  lives,  liberties,  and  properties  will  be 
secured,  or  let  us  know  the  worst  at  once.  Under  these  im 
pressions,  my  humble  opinion  is,  that  there  is  a  call  for  de 
cision.  Know  precisely  what  the  insurgents  aim  at.  If  they 
have  real  grievances,  redress  them  if  possible  ;  or  acknowledge 
the  justice  of  them,  and  your  inability  to  do  it  in  the  present 
moment.  If  they  have  not,  employ  the  force  of  government 
against  them  at  once.  If  this  is  inadequate,  all  will  be  con- 


SHAYS'   REBELLION  501 

vinced,  that  the  superstructure  is  bad,  or  wants  support.  To 
be  more  exposed  in  the  eyes  of  the  world,  and  more  contemptible 
than  we  already  are,  is  hardly  possible.  To  delay  one  or  the 
other  of  these,  is  to  exasperate  .  .  .  or  to  give  confidence,  and 
will  add  to  their  numbers ;  for,  like  snow-balls,  such  bodies 
increase  by  every  moment  unless  there  is  something  in  the 
way  to  obstruct  and  crumble  them  before  the  weight  is  too 
great  and  irresistible.  .  .  . 

(2)   George  Washington,  to  James  Madison. 

Writings  (Ford  edition),  XI,  80,  81.  Note  especially  the  extracts 
quoted  from  General  Lincoln,  in  command  against  the  rebels. 

November  5,  1786. 

I  thank  you  for  the  communications  in  your  letter  of  the  1st 
instant.  .  .  .  Fain  would  I  hope  that  the  great  and  most  im 
portant  of  all  subjects,  the  federal  government,  may  be  considered 
with  .  .  .  calm  and  deliberate  attention.  .  .  .  No  morn  ever 
dawned  more  favorably  than  ours  did ;  and  no  day  was  ever 
more  clouded  than  the  present.  Wisdom  and  good  examples 
are  necessary  at  this  time  to  rescue  the  political  machine  from 
the  impending  storm.  Virginia  has  now  an  opportunity  to  set 
the  latter,  and  has  enough  of  the  former,  I  hope,  to  take  the 
lead  in  promoting  this  great  and  arduous  work.  Without  an 
alteration  in  our  political  creed,  the  superstructure  we  have 
been  seven  years  in  raising,  at  the  expense  of  so  much  treas 
ure  and  blood,  must  fall.  We  are  fast  verging  to  anarchy 
and  confusion. 

...  a  letter  which  I  have  received  from  General  Knox,  who 
had  just  returned  from  Massachusetts,  whither  he  had  been 
sent  by  Congress  consequent  of  the  commotions  in  that  State, 
is  replete  with  melancholy  accounts  of  the  temper  and  designs 
of  a  considerable  part  of  that  people.  Among  other  things  he 
says : 

"  Their  creed  is,  that  the  property  of  the  United  States  has  been  protected 
from  the  confiscation  of  Britain  by  the  joint  exertions  of  all ;  and  therefore 
ought  to  be  the  common  property  of  all ;  and  he  that  attempts  opposi- 


502  DRIFTING  TOWARD  ANARCHY 

tion  to  this  creed,  is  an  enemy  to  equity  and  justice,  and  ought  to  be  swept 
from  off  the  face  of  the  earth."  Again  :  "  They  are  determined  to  anni 
hilate  all  debts,  public  and  private,  and  have  agrarian  laws,  which  are 
easily  effected  by  the  means  of  unfunded  paper  money,  which  shall  be  a 
tender  in  all  cases  whatever."  He  adds:  "The  number  of  these  people 
amount  in  Massachusetts  to  about  one  fifth  part  of  several  populous  coun 
ties,  and  to  them  may  be  collected  people  of  similar  sentiments  from  the 
States  of  Rhode  Island,  Connecticut,  and  New  Hampshire,  so  as  to  consti 
tute  a  body  of  about  twelve  or  fifteen  thousand  desperate  and  unprincipled 
men.  They  are  chiefly  of  the  young  and  active  part  of  the  community." 

How  melancholy  is  the  reflection,  that  in  so  short  a  space  we 
should  have  made  such  large  strides  towards  fulfilling  the  pre 
dictions  of  our  transatlantic  foes !  "  Leave  them  to  them 
selves,  and  their  government  will  soon  dissolve."  Will  not  the 
wise  and  good  strive  hard  to  avert  this  evil  ?  Or  will  their  su- 
pineness  suffer  ignorance,  and  the  arts  of  self  interested,  design 
ing,  disaffected,  and  desperate  characters,  to  involve  this  great 
country  in  wretchedness  and  contempt  ?  What  stronger  evi 
dence  can  be  given  of  the  want  of  energy  in  our  government, 
than  these  disorders  ?  If  there  is  not  power  in  it  to  check  them, 
what  security  has  a  man  for  life,  liberty,  or  property  ?  To  you 
I  am  sure  I  need  not  add  aught  on  this  subject.  The  conse 
quences  of  a  lax  or  inefficient  government  are  too  obvious  to  be 
dwelt  upon.  Thirteen  sovereignties  pulling  against  each  other, 
and  all  tugging  at  the  federal  head,  will  soon  bring  ruin  on 
the  whole ;  whereas  a  liberal  and  energetic  constitution,  well 
guarded  and  closely  watched  to  prevent  encroachments,  might 
restore  us  to  that  degree  of  respectability  and  consequence  to 
which  we  had  a  fair  claim.  .  .  . 

162.   A  Shrewd  Foreign  Observer's  View  of  the  Social  Conflict  over 
the  Adoption  of  a  New  Constitution 

Louis  Guillaume  Otto  to   Vergennes1 

George  Bancroft's  History  of  the  Constitution  (1882),  II,  Appendix, 
399  ff. 

iQtto  was  the  French  minister  to  the  United  States;  Vergeunes  was  the 
French  minister  in  charge  of  foreign  affairs  at  Paris. 


THE    SOCIAL  CONFLICT 

PHILADELPHIA,  October  10,  1786. 

[The  letter  first  describes  the  failure  of  the  Annapolis 
Convention.] 

The  people  are  not  ignorant  that  the  natural  consequences 
of  an  increase  of  power  in  the  government  would  be  a  regular 
collection  of  taxes,  a  strict  administration  of  justice,  extraor 
dinary  duties  on  imports,  rigorous  executions  against  debtors  — 
in  short,  a  marked  preponderance  of  rich  men  and  of  large  proprietors. 

It  is,  however,  for  the  interest  of  the  people  to  guard  as 
much  as  possible  the  absolute  freedom  granted  them  in  a  time 
when  no  other  law  was  known  but  necessity,  and  when  an 
English  army,  as  it  were,  laid  the  foundations  of  the  political 
constitution. 

In  those  stormy  times  it  was  necessary  to  agree  that  all  power 
ought  to  emanate  only  from  the  people;  that  everything  was 
subject  to  its  supreme  will,  and  that  the  magistrates  were 
only  its  servants. 

Although  there  are  no  nobles  in  America,  there  is  a  class 
of  men  denominated  "gentlemen,"  who,  by  reason  of  their 
wealth,  their  talents,  their  education,  their  families,  or  the 
offices  they  hold,  aspire  to  a  pre-eminence  which  the  people  refuse  to 
grant  them;  and,  although  many  of  these  men  have  betrayed 
the  interests  of  their  order  to  gain  popularity,  there  reigns 
among  them  a  connection  so  much  the  more  intimate  as  they  almost 
all  of  them  dread  the  efforts  of  the  people  to  despoil  them  of  their 
possessions,  and,  moreover,  they  are  creditors,  and  therefore  in 
terested  in  strengthening  the  government,  and  watching  over 
the  execution  of  the  laws.  .  .  . 

The  majority  of  them  being  merchants,  it  is  for  their  in 
terest  to  establish  the  credit  of  the  United  States  in  Europe 
on  a  solid  foundation  by  the  exact  payment  of  debts,  and  to 
grant  to  congress  powers  extensive  enough  to  compel  the 
people  to  contribute  for  this  purpose.  The  attempt,  my  lord, 
has  been  vain,  by  pamphlets  and  other  publications,  to  spread 
notions  of  justice  and  integrity,  and  to  deprive  the  people  of 
a  freedom  which  they  have  so  misused.  By  proposing  a  new 


504  DRIFTING   TOWARD  ANARCHY 

organization  of  the  federal  government  all  minds  would  have 
been  revolted ;  circumstances  ruinous  to  the  commerce  of 
America  have  happily  arisen  to  furnish  the  reformers  with  a 
pretext  for  introducing  innovations. 

They  represented  to  the  people  that  the  American  name 
had  become  opprobrious  among  all  the  nations  of  Europe  ;  that 
the  flag  of  the  United  States  was  everywhere  exposed  to 
insults  and  annoyance.  .  .  . 

[Otto  continues  at  length  to  represent  that  the  gentry  sought  to  secure 
a  stronger  government  by  inflaming  the  common  people  against  foreign 
powers.  He  then  declares  that  it  was  never  intended  that  the  Annapolis 
convention  should  do  anything  ;  that  it  was  only  one  step  in  a  "  plot " 
to  secure  a  more  unfettered  convention.] 

The  measures  were  so  well  taken  that  at  the  end  of  September 
no  more  than  five  states  were  represented  at  Annapolis,  and 
the  commissioners  from  the  northern  states  tarried  several 
days  at  New  York,  in  order  to  retard  their  arrival. 

The  states  which  assembled,  after  having  waited  nearly  three 
weeks,  separated  under  the  pretext  that  they  were  not  in  suffi 
cient  numbers  to  enter  on  business,  and,  to  justify  this  dissolu 
tion,  they  addressed  to  the  different  legislatures  and  to  congress 
a  report,  the  translation  of  which  I  have  the  honor  to  enclose 
to  you  [i.e.,  the  paper  reproduced  in  No.  153]. 

In  this  paper  the  commissioners  employ  an  infinity  of  cir 
cumlocutions  and  ambiguous  phrases  to  show  to  their  constit 
uents  the  impossibility  of  taking  into  consideration  a  general 
plan  of  commerce  and  the  powers  pertaining  thereto,  without 
at  the  same  time  touching  upon  other  objects  closely  connected 
with  the  prosperity  and  national  importance  of  the  United 
States. 

Without  enumerating  these  objects,  the  commissioners  en 
large  upon  the  present  crisis  of  public  affairs,  upon  the  dangers 
to  which  the  confederation  is  exposed,  upon  the  want  of  credit 
of  the  United  States  abroad,  and  upon  the  necessity  of  uniting, 
under  a  single  point  of  view,  the  interests  of  all  the  states. 

They  close  by  proposing,  for  the  month  of  May  next,  a  new 


THE   SOCIAL  CONFLICT  505 

assembly  of  commissioners,  instructed  to  deliberate  not  only 
upon  a  general  plan  of  commerce,  but  upon  other  matters  which 
may  concern  the  harmony  and  welfare  of  the  states,  and  upon 
the  means  of  rendering  the  federal  government  adequate  to  the 
exigencies  of  the  union. 

In  spite  of  the  obscurity  of  this  document,  you  will  perceive, 
my  lord,  that  the  commissioners  were  unwilling  to  take  into 
consideration  the  grievances  of  commerce,  which  are  of  exceed 
ing  interest  for  the  people,  without  at  the  same  time  perfecting 
the  fundamental  constitution  of  congress. 


XXVII.     MAKING   THE   CONSTITUTION 

163.   Call  issued  by  the  Annapolis  Convention 

Documentary  History  of  the  Constitution,  I,  1-6.  For  a  narrative  of 
the  circumstances,  cf.  American  History  and  Government,  §  199. 

Sundry  of  the  States  having  in  Consequence  of  a  Resolution 
and  Circular  Letter  from  the  State  of  Virginia  appointed  Com 
missioners  to  meet  at  such  time  and  Place  as  should  be  agreed 
upon  by  them  the  said  Commissioners,  to  take  into  Consideration 
the  Trade  and  Commerce  of  the  United  States  etc:  —  the  Com 
missioners  of  Virginia,  Delaware,  Pennsylvania,  New  Jersey  and 
New  York,  met  at  the  City  of  Annapolis  on  the  llth  of  Sep 
tember  1786,  but  did  not  think  it  advisable  to  proceed  on  the 
Business  of  their  Mission.  They  therefore  broke  up  after  mak 
ing  a  Keport  to  the  States  by  which  they  had  been  appointed 
and  transmitting  to  Congress  a  Copy  thereof  which  is  as  follows. 

To  the  Honorable  the  Legislatures  of  Virginia,  Delaware, 
Pennsylvania,  New  Jersey  and  New  York. 

The  Commissioners  from  the  said  States  respectively  Assem 
bled  at  the  City  of  Annapolis,  humbly  beg  leave  to  Report  : 

That,  pursuant  to  their  several  Appointments,  they  met  at 
Annapolis  in  the  State  of  Maryland,  on  the  eleventh  day  of 
September  Instant,  and,  having  proceeded  to  a  communication 
of  their  Powers,  they  found  that  the  States  of  New  York, 
Pennsylvania  and  Virginia  had,  in  substance,  and  nearly  in 
the  same  terms,  authorized  their  respective  Commissioners  "to 
meet  such  Commissioners  as  were  or  might  be  appointed  by  the 
other  States  in  the  Union,  at  such  time  and  Place  as  should  be 
agreed  upon  by  the  said  Commissioners,  to  take  into  Consid 
eration  the  trade  and  Commerce  of  the  United  States,  to  con 
sider  how  far  an  uniform  System  in  their  commercial  intercourse 
and  regulations  might  be  necessary  to  their  common  interest 

506 


THE   ANNAPOLIS  CALL  507 

and  permanent  harmony,  and  to  report,  to  the  several  States, 
such  an  Act  relative  to  this  great  Object,  as  tvhen  unanimously 
ratified  by  them,  would  enable  the  United  States  in  Congress 
Assembled  effectually  to  provide  for  the  same." 

That  the  State  of  Delaware  had  given  similar  Powers  to  their 
Commissioners,  with  this  difference  only,  that  the  Act  to  be 
framed  in  virtue  of  those  Powers,  is  required  to  be  reported 
"to  the  United  States  in  Congress  Assembled  to  be  agreed  to 
by  them  and  Confirmed  by  the  Legislatures  of  every  State." 

That  the  State  of  New  Jersey  has  enlarged  the  Object  of  their 
Appointment,  empowering  their  Commissioners,  "to  consider 
how  far  an  uniform  System  in  their  Commercial  Regulations, 
and  other  important  matters,  might  be  necessary  to  the  common 
interest  and  permanent  harmony  of  the  several  States; "and 
to  "report  such  an  Act  on  the  Subject,  as  when  ratified  by 
them  "  would  "  enable  the  United  States  in  Congress  Assembled 
effectually  to  provide  for  the  exigencies  of  the  Union." 

That  appointments  of  Commissioners  have  also  been  made 
by  the  States  of  New  Hampshire,  Massachusetts,  Rhode 
Island  and  North  Carolina,  none  of  whom  have  however 
attended,  but  that  no  information  has  been  received  by  your 
Commissioners  of  any  Appointment  having  been  made  by  the 
States  of  Connecticut,  Maryland,  South-Carolina  or  Georgia. 

That  the  express  terms  of  the  Powers  to  your  Commis 
sioners  supposing  a  Deputation  from  all  the  States,  and  hav 
ing  for  Object  the  trade  and  Commerce  of  the  United  States, 
your  Commissioners  did  not  conceive  it  adviseable  to  proceed 
on  the  business  of  their  Mission,  under  the  Circumstance  of 
so  partial  and  defective  a  Representation. 

Deeply  impressed  however  with  the  magnitude  and  impor 
tance  of  the  Object  confided  to  them  on  this  Occasion,  your 
Commissioners  cannot  forbear  to  indulge  an  expression  of 
their  earnest  and  unanimous  wish  that  speedy  measures  may 
be  taken  to  effect  a  general  meeting  of  the  States  in  a  future 
•Convention,  for  the  same,  and  such  other  Purposes,  as  the 
situation  of  Public  Affairs  may  be  found  to  require. 


508  MAKING  THE   CONSTITUTION 

If  in  expressing  this  wish,  or  in  intimating  any  other 
Sentiment,  your  Commissioners  should  seem  to  exceed  the 
strict  bounds  of  their  Appointment,  they  entertain  a  full 
Confidence  that  a  Conduct  dictated  by  an  anxiety  for  the 
welfare  of  the  United  States,  will  not  fail  to  receive  an 
indulgent  Construction. 

In  this  persuasion,  your  Commissioners  submit  an  Opinion, 
that  the  Idea  of  extending  the  Powers  of  their  Deputies  to 
other  Objects  than  those  of  Commerce,  which  has  been 
adopted  by  the  State  of  New  Jersey,  was  an  improvement  on 
the  original  Plan,  and  will  deserve  to  be  incorporated  into  that 
of  a  future  Convention.  They  are  the  more  naturally  led  to 
which  Conclusion,  as  in  the  course  of  the  Eeflections  on  the 
Subject,  they  have  been  induced  to  think,  that  the  Power  of 
regulating  Trade,  is  of  such  comprehensive  extent,  and  will 
enter  so  far  into  the  General  System  of  the  Foederal  Govern 
ment,  that  to  give  it  efficacy,  and  to  obviate  questions  and 
doubts  concerning  its  precise  nature  and  limits,  may  require  a 
corresponding  adjustment  of  other  Parts  of  the  Foederal 
System. 

That  there  are  important  defects  in  the  System  of  the 
Foederal  Government,  is  acknowleged  by  the  Acts  of  those 
States  which  have  concurred  in  the  present  Meeting.  That 
the  defects,  upon  a  closer  examination  may  be  found  greater 
and  more  numerous  than  even  these  Acts  imply,  is  at  least  so 
far  probable  from  the  embarrassments  which  characterize  the 
present  state  of  our  National  Affairs,  foreign  and  domestic,  as 
may  reasonably  be  supposed  to  merit  a  deliberate  and  candid 
discussion,  in  some  mode,  which  will  unite  the  Sentiments  and 
Councils  of  all  the  States.  In  the  choice  of  the  mode,  your 
Commissioners  are  of  Opinion  that  a  Convention  of  Deputies 
from  the  different  States,  for  the  special  and  sole  purpose  of 
entering  into  this  investigation  and  digesting  a  Plan  for  sup 
plying  such  defects  as  may  be  discovered  to  exist,  will  be 
entitled  to  a  preference,  from  Considerations  which  will  occur 
without  being  particularized. 


THE   ANNAPOLIS  CALL  509 

Your  Commissioners  decline  an  enumeration  of  those 
National  Circumstances  on  which  their  Opinion  respecting  the 
Propriety  of  a  future  Convention  with  more  enlarged  Powers 
is  founded ;  as  it  would  be  an  useless  intrusion  of  facts  and 
Observations,  most  of  which  have  been  frequently  the  Subject 
of  Public  Discussion,  and  none  of  which  can  have  escaped  the 
penetration  of  those  to  whom  they  would  in  this  instance  be 
addressed.  They  are  however  of  a  nature  so  serious  as,  in  the 
View  of  your  Commissioners,  to  render  the  situation  of  the 
United  States  delicate  and  critical,  calling  for  an  exertion  of 
the  united  Virtue  and  Wisdom  of  all  the  Members  of  the 
Confederacy. 

Under  this  Impression  Your  Commissioners,  with  the  most 
respectful  deference,  beg  leave  to  suggest  their  unanimous  con 
viction  that  it  may  essentially  tend  to  advance  the  interests  of  the 
Union,  if  the  States  by  whom  they  have  been  respectively  delegated 
would  themselves  concur,  and  use  their  endeavours  to  procure  the  con 
currence  of  the  other  States,  in  the  Appointment  of  Commissioners 
to  meet  at  Philadelphia  on  the  second  Monday  in  May  next,  to  take 
into  Consideration  the  situation  of  the  United  States,  to  devise  such 
further  Provisions  as  shall  appear  to  them  necessary  to  render  the 
Constitution  of  the  Foederal  Government  adequate  to  the  exigencies  of 
the  Union  ;  and  to  report  such  an  Act  for  that  purpose  to  the  United 
States  in  Congress  Assembled,  as  when  "  agreed  to  by  them  and 
afterwards  confirmed  by  the  Legislatures  of  every  State  "  will  ef 
fectually  provide  for  the  same. 

Though  your  Commissioners  could  not  with  propriety  address 
these  Observations  and  Sentiments  to  any  but  the  States  they 
have  the  honor  to  Represent,  they  have  nevertheless  concluded, 
from  motives  of  respect,  to  transmit  Copies  of  this  Report,  to 
the  United  States  in  Congress  Assembled,  and  to  the  Executives 
of  the  other  States. 

By  Order  of  the  Commissioners 

John  Dickinson,  Chairman 
Dated  at  Annapolis 

September  14th  1786. 


510  MAKING  THE  CONSTITUTION 

154.   Appointment  of  Delegates :  Credentials  (Georgia) 

Records  of  the  Federal  Convention  (Farrand).  Ill,  576-577. 

Georgia  is  here  selected  for  illustration,  because  of  the  emphasis  upon 
the  sovereignty  of  the  State  in  the  forms  used. 

GEORGIA 

By   the    Honorable    GEORGE   MATHEWS    Esquire,    Captain 
General,  Governor  and  Commander  in  Chief,  in  and  over 
the  said  State  aforesaid. 
To  all  to  whom  these  Presents  shall  come  Greeting. 

KNOW  YE  that  JOHN  MILTON  Esquire,  who  hath  certified 
the  annexed  Copy  of  an  Ordinance  intitled  "An.  Ordinance 
for  the  appointment  of  Deputies  from  this  State  for  the  purpose 
of  revising  the  Foederal  Constitution  "  —  is  Secretary  of  the 
said  State  in  whose  Office  the  Archives  of  the  same  are  deposited. 
Therefore  all  due  faith,  Credit  and  Authority  are  and  ought 
to  be  had  and  given  the  same. 

IN  TESTIMONY  whereof  I  have  hereunto  set  my  hand  and 
caused  the  Great  Seal  of  the  said  State  to  be  put  and  affixed 
at  Augusta,  this  Twenty  fourth  day  of  April  in  the  Year  of 
our  Lord  One  thousand  seven  hundred  and  eighty  seven  and 
of  our  Sovereignty  and  Independence  the  Eleventh. 

GEO  :  (Seal)  MATHEWS. 
By  his  Honor's  Command 

J.   MILTON  Secy 

AN   ORDINANCE  for   the   appointment  of   Deputies  from  this 
State  for  the  purpose  of  revising  the  Foederal  Constitution. 

BE  IT  ORDAINED  by  the  Representatives  of  the  Freemen 
of  the  State  of  Georgia  in  General  Assembly  met  and  by 
the  Authority  of  the  same,  that  WILLIAM  FEW,  ABRA 
HAM  BALDWIN,  WILLIAM  PIERCE,  GEORGE  WALTON,  WIL 
LIAM  HOUSTOUN  and  NATHANIEL  PENDLETON  ESQUIRES, 
Be,  and  they  are  hereby  appointed  Commissioners,  who,  or 
any  two  or  more  of  them  are  hereby  authorized  as  Deputies 
from  this  State  to  meet  such  deputies  as  may  be  appointed 


CREDENTIALS   OF   DELEGATES  511 

and  authorized  by  other  States  to  assemble  in  Convention 
at  Philadelphia  and  to  join  with  them  in  devising  and 
discussing  all  such  Alterations  and  farther  Provisions  as 
may  be  necessary  to  render  the  Federal  Constitution  adequate 
to  the  exigencies  of  the  Union,  and  in  reporting  such  an  Act 
for  that  purpose  to  the  United  States  in  Congress  Assembled 
as  when  agreed  to  by  them,  and  duly  confirmed  by  the  several 
States  will  effectually  provide  for  the  same.  In  case  of  the 
death  of  any  of  the  said  Deputies,  or  of  their  declining  their 
appointments,  the  Executive  are  hereby  authorized  to  supply 
such  Vacancies. 

By  Order  of  the  House 

(signed)  WM   GIBBONS    Speaker. 
Augusta  the  10th  February  1787. 

Georgia. 

Secretary's  Office 

The  above  is  a  true  Copy  from  the  Original  Ordinance  de 
posited  in  my  Office. 

Augusta  1 
24  April  1787. 1      J'  MlLTOX>  Secretary. 

TJie  State  of  Georgia  by  the  grace  of  God  free,  Sovereign  and 
Independent 

To  the  Honorable  WILLIAM  PIERCE,  Esquire. 

WHEREAS  you,  the  said  William  Pierce,  are  in  and  by  an 
Ordinance  of  the  General  Assembly  of  our  said  State  Nomi 
nated  and  Appointed  a  Deputy  to  represent  the  same  in  a  Con 
vention  of  the  United  States  to  be  assembled  at  Philadelphia, 
for  the  Purposes  of  devising  and  discussing  such  Alterations 
and  farther  Provisions  as  may  be  necessary  to  render  the 
Foederal  Constitution  adequate  to  the  exigencies  of  the 
Union. 

You  are  therefore  hereby  Commissioned  to  proceed  on  the 
duties  required  of  you  in  virtue  of  the  said  Ordinance 


512  MAKING   THE   CONSTITUTION 

Witness  our  trusty  and  well  beloved  George  Matliews  Es 
quire,  our1  Captain  General,  Governor,  and  Commander  in 
Chief,  under  his  hand  and  our  Great  Seal  at  Augusta  this 
Seventeenth  day  of  April  in  the  Year  of  our  Lord  one  thousand 
seven  hundred  and  eighty  seven  and  of  our  Sovereignty  and 
Independence  the  Eleventh.2 

GEO  :  MATHEWS  (Seal) 
By  His  Honor's  Command. 
J.  Milton.  Secy. 

[Like  commissions  for  the  other  delegates.] 


165.   George  Mason  on  the  Preliminaries  at  Philadelphia 

George  Mason  to  George  Mason,  Jr. 
Eecords  of  the  Federal  Convention  (Farrand),  III,  22-24. 

PHILADELPHIA,  May  20th,  1787. 

.  .  .  Upon  our  arrival  here  on  Thursday  evening,  seventeenth 
May,  I  found  only  the  States  of  Virginia  and  Pennsylvania 
fully  represented;  and  there  are  at  this  time  only  five  —  New 
York,  the  two  Carolinas,  and  the  two  before  mentioned.  All 
the  States,  Rhode  Island  excepted,  have  made  their  appoint 
ments  ;  but  the  members  drop  in  slowly  ;  »some  of  the  deputies 
from  the  Eastern  States  are  here,  but  none  of  them  have  yet  a 
sufficient  representation,  and  it  will  probably  be  several  days 
before  the  Convention  will  be  authorized  to  proceed  to  business. 
The  expectations  and  hopes  of  all  the  Union  centre  in  this 
Convention.  God  grant  that  we  may  be  able  to  concert  effect 
ual  means  of  preserving  our  country  from  the  evils  which 
threaten  us. 

1  This  was  an  old  royal  form,  now  used  by  the  State  instead  of  by  the 
King. 

2  Some  States  dated :  "  in  the  year  of  the  Sovereignty  and  Independence  of 
the  United  States  the  Eleventh."    Others  were  even  more  specific  than  Georgia ; 
as,  "  in  the  Eleventh  year  of  the  Independence  of  the  Delaware  State  "  ;  or,  as 
in  New  York,  —  "  the  Eleventh  year  of  the  Independence  of  the  Said  State." 


PRELIMINARIES  AT   PHILADELPHIA  513 

The  Virginia  deputies  (who  are  all  here)  meet  and  confer 
together  two  or  three  hours  every  day,  in  order  to  form  a 
proper  correspondence  of  sentiments ;  and  for  form's  sake,  to 
see  what  new'  deputies  are  arrived,  and  to  grow  into  some 
acquaintance  with  each  other,  we  regularly  meet  every  day  at 
three  o'clock.  These  and  some  occasional  conversations  with 
the  deputies  of  different  States  and  with  some  of  the  general 
officers  of  the  late  army  (who  are  here  upon  a  general  meet 
ing  of  the  Cincinnati),  are  the  only  opportunities  I  have 
hitherto  had  of  forming  any  opinion  upon  the  great  subject  of 
our  mission,  and,  consequently,  a  very  imperfect  and  indecisive 
one.  Yet,  upon  the  great  principles  of  it,  I  have  reason  to 
hope  there  will  be  greater  unanimity  and  less  opposition, 
except  from  the  little  States,  than  was  at  first  apprehended. 
The  most  prevalent  idea  in  the  principal  States  seems  to  be  a 
total  alteration  of  the  present  federal  system,  and  substituting 
a  great  national  council  or  parliament,  consisting  of  two 
branches  of  the  legislature,  founded  upon  the  principles  of 
equal  proportionate  representation,  with  full  legislative  powers 
upon  all  the  subjects  of  the  Union;  and  an  executive:  and  to 
make  the  several  State  legislatures  subordinate  to  the  national, 
by  giving  the  latter  the  power  of  a  negative  upon  all  such  laws 
as  they  shall  judge  contrary  to  the  interest  of  the  federal 
Union  .  .  .  and  what  is  a  very  extraordinary  phenomenon, 
we  are  likely  to  find  the  republicans,  on  this  occasion, 
issue  from  the  Southern  and  Middle  States,  and  the  anti- 
republicans  from  the  Eastern ;  however  extraordinary  this 
may  at  first  seem,  it  may,  I  think  be  accounted  for  from  a 
very  common  and  natural  impulse  of  the  human  mind.  Men 
disappointed  in  expectations  too  hastily  and  sanguinely  formed, 
tired  and  disgusted  with  the  unexpected  evils  they  have 
experienced,  and  anxious  to  remove  them  as  far  as  possible, 
are  very  apt  to  run  into  the  opposite  extreme ;  and  the  people 
of  the  Eastern  States,  setting  out  with  more  republican  prin 
ciples,  have  consequently  been  more  disappointed  than  we 
have  been.  ,  .  . 


514  MAKING  THE   CONSTITUTION 

156.   The  Virginia  Plan 

Records  of  the  Federal  Convention  (Farrand),  I,  20-22,  for  May  29. 
For  history  of  the  plan,  cf.  American  History  and  Government,  §  202.  On 
the  opening  day  of  the  Philadelphia  Convention  for  business  Mr.  Ran 
dolph,  after  a  brilliant  speech,  introduced  the  following  resolutions  in  be 
half  of  the  Virginia  delegation. 

1.  Resolved  that  the  articles  of  Confederation  ought  to  be  so 
corrected  and  enlarged  as  to  accomplish  the  objects  proposed  by 
their  institution  ;  namely,  "  common  defence,  security  of  liberty 
and  general  welfare." 

2.  Resd.  therefore  that  the  rights  of  suffrage  in  the  National 
Legislature  ought  to  be  proportioned  to  the  Quotas  of  contribu 
tion,  or  to  the  number  of  free  inhabitants,  as  the  one  or  the 
other  rule  may  seem  best  in  different  cases. 

3.  Resd.  that  the  National  Legislature  ought  to  consist  of 
two  branches. 

4.  Resd.  that  the  members  of  the  first  branch  of  the  National 
Legislature  ought  to  be  elected  by  the  people  of  the  several  States 

every for  the  term  of ;  to  be  of  the  age  of years 

at  least ;  to  receive  liberal  stipends  by  which  they  may  be  com 
pensated  for  the  devotion  of  their  time  to  public  service ;  to  be 
ineligible  to  any  office  established  by  a  particular  State,  or  un 
der  the  authority  of  the  United  States,  except  those  peculiarly 
belonging  to  the  functions  of  the  first  branch,  during  the  term 

of  service,  and  for  the  space  of after  its  expiration ;  to  be 

incapable  of  re-election  for  the  space  of after  the  expira 
tion  of  their  term  of  service,  and  to  be  subject  to  recall. 

5.  Resold,    that  the  members  of  the  second  branch  of  the 
National   Legislature   ought    to  be   elected   by  those   of   the 
first,  out  of  a  proper  number  of  persons  nominated  by  the  in 
dividual  Legislatures,  to  be  of  the  age  of  -    -  years  at  least ; 
to  hold  their  offices  for  a  term  sufficient  to  ensure  their  inde 
pendency  ;  to  receive  liberal  stipends,  by  which  they  may  be 
compensated  for  the  devotion  of  their  time  to  public  service  ; 
and  to  be  ineligible  to  any  office  established  by  a  particular 


THE   VIRGINIA  PLAN  515 

State,  or  under  the  authority  of  the  United  States,  except  those 
peculiarly  belonging  to  the  functions  of  the    second   branch, 

during  the  term  of  service,  and  for  the  space  of after  the 

expiration  thereof. 

6.  Resolved  that  each  branch  ought  to  possess  the  right  of 
originating  Acts ;    that  the  National  Legislature  ought  to  be 
irapowered  to  enjoy  the  Legislative  Rights  vested  in  Congress 
by  the  Confederation  and  moreover  to  legislate  in  all  cases  to 
which  the  separate  states  are  incompetent,  or  in    which   the 
harmony  of  the  United  States  may  be  interrupted  by  the  ex 
ercise  of  individual  Legislation ;  to  negative  all  laws  passed  by 
the  several  States,  contravening  in  the  opinion  of  the  National 
Legislature  the  articles  of  Union ;  and  to  call  forth  the  force 
of  the  Union  against  any  member  of  the  Union  failing  to  ful 
fill  its  duty  under  the  articles  thereof. 

7.  Resd.  that   a  National   Executive  be   instituted ;   to   be 

chosen  by  the  National  Legislature  for  the  term  of years, 

to  receive  punctually  at  stated  times,  a  fixed  compensation 
for  the  services  rendered,  in  which  no  increase  or  diminution 
shall  be  made  so  as  to  affect  -the  Magistracy  existing  at  the 
time  of  increase  or  dimunition,  and  to  be  ineligible  a  second 
time ;   and   that   besides  a  general   authority  to   execute   the 
National  laws,  it  ought  to  enjoy  the  Executive  rights  vested  in 
Congress  by  the  Confederation. 

8.  Resd.  that  the  Executive  and  a  convenient  number  of 
the  National  Judiciary,  ought  to  compose  a  council  of  revision 
with  authority  to  examine  every  act  of  the  National  Legisla 
ture  before  it  shall  operate,  and  every  act  of  a  particular  Legis 
lature  before  a  Negative  thereon  shall  be  final ;  and  that  the 
dissent  of  the  said  Council  shall  amount  to  a  rejection,  unless 
the  Act  of  the  National  Legislature  be  again  passed,  or  that 

of  a  particular  Legislature  be  again  negatived  by of  the 

members  of  each  branch. 

9.  Resd.  that  a  National  Judiciary  be  established  to  con 
sist  of  one  or  more  supreme  tribunals,  and  of  inferior  tribunals 
to  be  chosen  by  the  National  Legislature,  to  hold  their  offices 


516  MAKING  THE   CONSTITUTION 

during  good  behaviour ;  and  to  receive  punctually  at  stated  times 
fixed  compensation  for  their  services,  in  which  no  increase  or 
diminution  shall  be  made  so  as  to  affect  the  persons  actually 
in  office  at  the  time  of  such  increase  or  diminution  that  the 
jurisdiction  of  the  inferior  tribunals  shall  be  to  hear  and  de 
termine  in  the  first  instance,  and  of  the  supreme  tribunal  to 
hear  and  determine  in  the  dernier  resort,  all  piracies  and  felo 
nies  of  the  high  seas,  captures  from  an  enemy ;  cases  in  which 
foreigners  or  citizens  of  other  States  applying  to  such  jurisdic 
tion  may  be  interested,  or  which  respect  the  collection  of  the 
National  revenue ;  impeachments  of  any  National  officers,  and 
questions  which  may  involve  the  national  peace  and  harmony. 

10.  Resolvd.  that  provision  ought  to  be  made  for  the  ad 
mission  of  States  lawfully  arising  within  the  limits  of  the 
United  States,  whether  from  a  voluntary  junction  of  Govern 
ment  and  Territory  or  otherwise,  with  the  consent  of  a  number 
of  voices  in  the  National  legislature  less  than  the  whole. 

11.  Resd.  that  a  Republican  Government  and  the  territory 
of  each  State,  except  in  the  instance  of  a  voluntary  junction 
of  Government  and  territory,  ought  to  be  guaranteed  by  the 
United  States  to  each  State. 

12.  Resd.  that  provision  ought  to  be  made  for  the  continu 
ance  of  Congress  and  their  authorities  and  privileges,  until  a 
given  day  after  the  reform  of  the  articles  of  Union  shall  be 
adopted,  and  for  the  completion  of  all  their  engagements. 

13.  Resd.  that  provision  ought  to  be  made  for  the  amend 
ment  of  the  Articles  of  Union  whensoever  it  shall  seem  neces 
sary;  and  that  the  assent  of  the  National  Legislature  ought 
not  to  be  required  thereto. 

14.  Resd.    that   the   Legislative   Executive   and   Judiciary 
powers  within  the  several  States  ought  to  be  bound  by  oath 
to  support  the  articles  of  Union. 

15.  Resd.  that  the  amendments  which  shall  be  offered  to 
the  Confederation  by  the  Convention,  ought  at  a  proper  time, 
or  times,  after  the  approbation  of  Congress  to  be  submitted  to 
an  assembly  or  assemblies  of  Representatives,  recommended  by 


GEORGE   MASON'S  ACCOUNT  517 

the  several  Legislatures  to  be  expressly  chosen  by  the  people 
to  consider  aud  decide  thereon. 

157.   George  Mason  on  the  Convention  and  its  Aristocratic  Ten 
dencies  (June,  1787) 

George  Mason  to  George  Mason,  Jr. 

Eecords  of  the  Federal  Convention  (Farrand),  III,  32-33 

PHILADELPHIA,  June  1,  1787. 

.  .  .  Virginia  has  had  the  honor  of  presenting  the  outlines 
of  the  plan  upon  which  the  convention  is  proceeding ;  but  so 
slowly  that  it  is  impossible  to  judge  when  the  business  will  be 
finished,  most  probably  not  before  August — festina  lente 
may  very  well  be  called  our  motto.  When  I  first  came  here, 
judging  from  casual  conversations  with  gentlemen  from  the  different 
States,  I  was  very  apprehensive  that,  soured  and  disgusted  with  the 
unexpected  evils  we  had  experienced  from  the  democratic  principles  of 
our  governments,  we  should  be  apt  to  run  into  the  opposite  extreme 
and  in  endeavoring  to  steer  too  far  from  Scylla,  we  might  be  drawn 
into  the  vortex  of  Charybdis,  of  which  I  still  think  there  is  some 
danger,1  though  I  have  the  pleasure  to  find  in  the  convention, 
many  men  of  fine  republican  principles.  America  has  cer 
tainly,  upon  this  occasion,  drawn  forth  her  first  characters; 
there  are  upon  this  Convention  many  gentlemen  of  the  most 
respectable  abilities,  and  so  far  as  I  can  discover,  of  the  purest 
intentions.  The  eyes  of  the  United  States  are  turned  upon 
this  assembly,  and  their  expectations  raised  to  a  very  anxious 
degree.  .  .  . 

All  communications  of  the  proceedings  are  forbidden  during 
the  sitting  of  the  Convention  ;  this  I  think  was  a  necessary 
precaution  to  prevent  misrepresentations  or  mistakes ;  there 
being  a  material  difference  between  the  appearance  of  a  subject 
in  its  first  crude  and  undigested  shape,  and  after  it  shall  have 
been  properly  matured  and  arranged. 

1  Later,  Mason  became  again  convinced  there  was  much  such  danger. 
Cf.  No.  161  below. 


518  MAKING  THE   CONSTITUTION 

158.   The  New  Jersey  Plan 

Records  of  the  Federal  Convention  (Farrand),  I,  242-245  (for  June 
15).  The  Convention,  in  committee  of  the  whole,  in  two  weeks  of  de 
bate,  had  adopted  nineteen  resolutions  based  upon  the  fifteen  in  the 
Virginia  Plan  above.  Action  upon  this  report  of  the  committee  of  the 
whole  was  then  interrupted  by  the  presentation  of  the  following  plan  on 
which  the  "  Small  States"  had  now  agreed. 

Mr.  Patterson  [New  Jersey]  laid  before  the  Convention  the 
plan  which  he  said  several  of  the  deputations  wished  to  be 
substituted  in  place  of  that  proposed  by  Mr.  Randolph.  After 
some  little  discussion  of  the  most  proper  mode  of  giving  it  a 
fair  deliberation  it  was  agreed  that  it  should  be  referred  to  a 
Committee  of  the  Whole,  and  that  in  order  to  place  the  two 
plans  in  due  comparison,  the  other  should  be  recommitted. 
At  the  earnest  desire  of  Mr.  Lansing  [New  Jersey],  and  some 
other  gentlemen,  it  was  also  agreed  that  the  Convention  should 
not  go  into  Committee  of  the  whole  on  the  subject  till  tomorrow, 
by  which  delay  the  friends  of  the  plan  proposed  by  Mr. 
Patterson  wd.  be  better  prepared  to  explain  and  support  it,  and 
all  would  have  an  opportunity  of  taking  copies.  — 

The  propositions  from  N.  Jersey  moved  by  Mr.  Patterson 
were  in  the  words  following. 

1.  Resd.  that  the  articles  of  Confederation  ought  to  be  so  re 
vised,  corrected  and  enlarged  as  to  render  the  federal  Consti 
tution  adequate  to  the  exigencies  of  Government,  and  the  pres 
ervation  of  the  Union. 

2.  Resd.  that  in  addition  to  the  powers  vested  in  the  U.  States 
in  Congress,  by  the  present  existing  articles  of  Confederation, 
they  be  authorized  to  pass  acts  for  raising  a  revenue,  by  levy 
ing  a  duty  or  duties  on  all  goods  and  merchandizes  of  foreign 
growth  or  manufacture,  imported  into  any  part  of  the  U.  States, 
by  Stamps  on  paper,  vellum  or  parchment,  and  by  a  postage  on 
all  letters  or  packages  passing  through  the  general  post-Office, 
to  be  applied  to  such  federal  purposes  as  they  shall  deem  proper 
and  expedient ;  to  make  rules  and  regulations  for  the  collection 
thereof  ;  and  the  same  from  time  to  time  to  alter  and  amend  in 


THE   NEW  JERSEY  PLAN  519 

such  manner  as  they  shall  think  proper :  to  pass  Acts  for  the  reg 
ulation  of  trade  and  commerce  as  well  with  foreign  nations  as 
with  each  other :  provided  that  all  punishments,  fines,  forfeitures 
and  penalties,  to  be  incurred  for  contravening  such  acts  rules  and 
regulations  shall  be  adjudged  by  the  Common  law  judiciarys  of 
the  State  in  which  any  offence  contrary  to  the  true  intent  and 
meaning  of  such  Acts  rules  and  regulations  shall  have  been  com 
mitted  or  perpetrated,  with  liberty  of  commencing  in  the  first  in 
stance  all  suits  and  prosecutions  for  that  purpose  in  the  supe 
rior  Common  law  Judiciary  in  such  State,  subject  nevertheless, 
for  the  correction  of  all  errors,  both  in  law  and  fact  in  rendering 
judgment,  to  an  appeal  to  the  Judiciary  to  the  U.  States. 

3.  Resd.  that  whenever  requisitions  shall  be  necessary,  in 
stead  of  the  rule  for  making  requisitions  mentioned  in  the  arti 
cles  of  Confederation,  the  United  States  in  Congs.  be  authorized 
to  make  such  requisitions  in  proportion  to  the  whole  number  of 
white  and  other  free  citizens  and  inhabitants  of  every  age  sex  and 
condition  including  those  bound  to  servitude  for  a  term  of  years 
and  three  fifths  of  all  other  persons  not  comprehended  in  the  fore 
going  description,  except  Indians  not  paying  taxes ;  that  if  such 
requisitions  be  not  complied  with,  in  the  time  specified  therein, 
to  direct  the  collection  thereof  in  the  nou  complying  States  and 
for  that  purpose  to  devise  and  pass  acts  directing  and  authoriz 
ing  the  same ;  provided  that  none  of  the  powers  hereby  vested 
in  the  U.  States  in  Congs.  ^hall  be  exercised  without  the  con 
sent  of  at  least  States,  and  in  that  proportion,  if  the 

number  of  Confederated  States  should  hereafter  be  increased 
or  diminished. 

4.  Resd.  that  the  U.  States  in  Congs.  be  authorized  to  elect 

a  federal  Executive  to  consist  of - —  persons,  to  continue  in 

office  for  the  term  of  —    —  years,  to  receive  punctually  at  stated 
times  a  fixed  compensation  for  their  services,  in  which  no  in 
crease  or  diminution,  shall  be  made  so  as  to  affect  the  persons 
composing  the  Executive  at  the  time  of  such  increase  or  dimi 
nution,  to  be  paid  out  of  the  federal  treasury ;  to  be  incapable 
of  holding  any  other  office  or  appointment  during  their  time 


520  MAKING  THE   CONSTITUTION 

of   service   and   for  years  thereafter ;  to  be  ineligible 

a  second  time,  and  removeable  by  Gongs,  on  application 
by  a  majority  of  the  Executives  of  the  several  States  ;  that  the 
Executives  besides  their  general  authority  to  execute  the  fed 
eral  acts  ought  to  appoint  all  federal  officers  not  otherwise  pro 
vided  for,  and  to  direct  all  military  operations  ;  provided  that 
none  of  the  persons  composing  the  federal  Executive  shall  on 
any  occasion  take  command  of  any  troops,  so  as  personally  to 
conduct  any  enterprise  as  General,  or  in  other  capacity. 

5.  Kesd.  that  a  federal  judiciary  be  established  to  consist 
of  a  supreme  Tribunal  the  Judges  of  which  to  be  appointed  by 
the  Executive,  and  to  hold  their  offices  during  good  behaviour, 
to  receive  punctually  at  stated  times  a  fixed  compensation  for 
their  services  in  which  no  increase  or  diminution  shall  be  made, 
so  as  to  affect  the  persons  actually  in  office  at  the  time  of  such 
increase  or  diminution ;  that  the  Judiciary  so  established  shall 
have  authority  to  hear  and  determine  in  the  first  instance  on  all 
impeachments  of  federal  officers,  and  byway  of  appeal,  in  the  dernier 
resort,  in  all  cases  touching  the  rights  of  Ambassadors,  in  all  cases  of 
captures  from  an  enemy,  in  all  cases  of  piracies  and  felonies  on  the 
high  seas,  in  all  cases  in  which  foreigners  may  be  interested,  in  the 
construction  of  any  treaty  or  treaties,  or  which  may  arise  on  any  of 
the  Acts  for  regulation  of  trade,  or  the  collection  of  the  federal  Rev 
enue:  that  none  of  the  Judiciary  shall  during  the  time  they 
remain  in  Office  be  capable  of  receiving  or  holding  any  other 

office  or  appointment  during  their  time  of  service,  or  for 

thereafter. 

6.  Resd.  that  all  Acts  of  the  U.  States  in  Congs.  made  by  virtue 
and  in  pursuance  of  the  powers  hereby  and  by  the  articles  of  confed 
eration  vested  in  them,  and  all  Treaties  made  and  ratified  under 
the  authority  of  the  U.  States  shall  be  the  supreme  law  of  the 
respective  States  so  far  forth  as  those  Acts  or  Treaties  shall  relate 
to  the  said  States  or  their  Citizens,  and  that  the  Judiciary  of  the 
several  States  shall  be  bound  thereby  in  their  decisions,  any  thing 
in  the  respective  laws  of  the  individual  States  to  the  contrary 
notwithstanding ;  and  that  if  any  State  or  any  body  of  men  in 


HAMILTON'S  PLAN  521 

any  State  shall  oppose  or  prevent  the  carrying  into  execution 
such  acts  or  treaties,  the  federal  Executive  shall  be  authorized 
to  call  forth  the  power  of  the  Confederated  States,  or  so  much 
thereof  as  may  be  necessary  to  enforce  and  compel  an  obedi 
ence  to  such  Acts  or  an  Observance  of  such  Treaties. 

7.  Resd.  that  provision  be  made  for  the  admission  of  new 
States  into  the  Union. 

8.  Resd.  the  rule  for  naturalization  ought  to  be  the  same  in 
every  State. 

9.  Resd.  that  a  Citizen  of  one  State  committing  an  offence 
in  another  State  of  the  Union,  shall  be  deemed  guilty  of  the 
same  offence  as  if  it  had  been  committed  by  a  Citizen  of  the 
State  in  which  the  Offence  was  committed. 

Adjourned 

159.   Hamilton's  Plan 

On  June  18,  Hamilton  occupied  nearly  the  whole  session  with  an  argu 
ment  for  a  government  stronger  and  more  centralized  even  than  the 
Virginia  Plan  —  to  meet  the  advocates  of  the  New  Jersey  Plan  by  taking 
high  ground.  During  this  address  he  presented  his  own  Plan  (not  what 
he  thought  attainable,  but  desirable).  The  paper  given  below  (from 
Hamilton's  Works,  Federalist  edition,  I,  401  ff.)  seems  to  have  been  pre 
pared  to  assist  the  delivery  of  this  address,  as  a  sort  of  brief.  The  ad 
dress  itself  is  reported  by  Madison  (Journal,  j:or  June  18)  much  more  at 
length,  but  with  many  of  the  same  phrases.  The  student  would  do  well 
to  compare  the  two.  Copious  extracts  from  that  speech,  and  from  other 
words  of  Hamilton  in  the  Convention,  are  quoted  in  American  History 
and  Government,  §  200. 

All  communities  divide  themselves  into  the  few  and  the 
many.  The  first  are  the  rich  and  well-born ;  the  other,  the  mass 
of  the  people.  .  .  .  The  people  are  turbulent  and  changing; 
they  seldom  judge  or  determine  right.  Give  therefore  to  the 
first  class  [the  few]  a  distinct  permanent  share  in  the  govern 
ment.  They  will  check  the  unsteadiness  of  the  second;  and, 
as  they  cannot  receive  any  advantage  by  a  change,  they  there 
fore  will  ever  maintain  good  government.  .  .  .  Nothing  but  a 
permanent  body  can  check  the  imprudence  of  democracy. 


522  MAKING  THE   CONSTITUTION 

Their  turbulent  and  uncontrollable  disposition  requires 
checks.  .  .  . 

It  is  admitted  that  you  cannot  have  a  good  Executive  upon 
a  democratic  plan.  See  the  excellency  of  the  British  Executive. 
He  is  placed  above  temptation.  He  can  have  no  distinct  in 
terests  from  the  public  welfare.  Nothing  short  of  such  an 
executive  can  be  efficient.  .  .  .  Let  one  body  of  the  Legislature  be 
constituted  during  good  behavior  or  life.  Let  one  Executive  be 
appointed  who  dares  execute  his  powers.  It  may  be  asked : 
Is  this  a  republican  system  ?  It  is  strictly  so,  as  long  as  they 
remain  elective.  And  let  me  observe  that  an  Executive  is 
less  dangerous  to  the  liberties  of  the  people  when  in  office 
during  life,  than  for  seven  years.  .  .  .  Let  electors  be  appointed 
in  each  of  the  States  to  elect  the  Legislature,  to  consist  of  two 
branches;  and  I  would  give  them  [the  national  legislature] 
the  unlimited  power  of  passing  all  laws,  without  exception.  The 
Assembly  to  be  elected  for  three  years  by  the  people  in  dis 
tricts.  The  Senate  to  be  elected  by  electors  to  be  chosen  for 
that  purpose  by  the  people,  and  to  remain  in  office  during  life. 
The  Executive  to  have  the  power  of  negativing  all  laws;  to  make 
war  and  peace,  with  their  [Senate's]  advice,  but  to  have  sole 
direction  of  all  military  operations,  and  to  send  ambassadors, 
and  appoint  all  military  officers ;  and  to  pardon  all  offenders, 
treason  excepted,  unless  by  advice  of  the  Senate  .  .  .  Supreme 
judicial  officers  to  be  appointed  by  the  Executive  and  the  Senate. 

The  Legislature  to  appoint  courts  in  each  State,  so  as  to 
make  the  State  governments  unnecessary  to  it.  All  state  laws 
which  contravene  the  general  laws  to  be  absolutely  void.  An 
officer  to  be  appointed  in  each  State  to  have  a  negative  on  all 
State  laws.  .  .  . 

160.   Character  Sketches  of  Delegates  by  William  Pierce 

Records  of  the  Federal  Convention,  III,  87  ff . 

Pierce  was  a  delegate  from  Georgia.  It  is  not  known  just  when  he 
composed  these  sketches. 


MEN  OF  THE   CONVENTION  523 

From  New  Hampshire. 

Mr.  Langdon  is  a  man  of  considerable  fortune.  .   .  . 
From  Massachusetts. 

Eufus  King,  Natl.  Gorham,  Gerry  and  Jno.  [Caleb]  Strong 
Esquires. 

Mr.  King  is  a  Man  much  distinguished  for  his  eloquence 
and  great  parliamentary  talents.  He  was  educated  in  Massa 
chusetts  and  is  said  to  have  good  classical  as  well  as  legal 
knowledge.  He  has  served  for  three  years  in  the  Congress  of 
the  United  States  with  great  and  deserved  applause,  and  is  at 
this  time  high  in  the  confidence  and  approbation  of  his 
Countrymen.  This  Gentleman  is  about  thirty  three  years  of 
age,  about  five  feet  ten  Inches  high,  well  formed,  an  handsome 
face,  with  a  strong  expressive  Eye,  and  a  sweet  high  toned 
voice.  In  his  public  speaking  there  is  something  peculiarly 
strong  and  rich  in  his  expression,  clear,  and  convincing  in  his 
arguments,  rapid  and  irresistible  at  times  in  his  eloquence  but 
he  is  not  always  equal.  His  action  is  natural,  swimming  and 
graceful,  but  there  is  a  rudeness  of  manner  sometimes  accom 
panying  it.  But  take  him  tout  en  semble,  he  may  with  pro 
priety  be  ranked  among  the  Luminaries  of  the  present  Age. 

Mr.  Gorham  is  a  Merchant  in  Boston.  .  .  . 

Mr.  Gerry's  character  is  marked  for  integrity  and  persever 
ance.  He  is  a  hesitating  and  laborious  speaker ;  —  possesses  a 
great  degree  of  confidence  and  goes  extensively  into  all  sub 
jects  that  he  speaks  on,  without  respect  to  elegance  or  flower 
of  diction.  He  is  connected  and  sometimes  clear  in  his  argu 
ments,  conceives  well,  and  cherishes  as  his  virtue,  a  love  for 
"his  Country.  Mr.  Gerry  is  very  much  of  a  Gentleman  in  his 
principles  and  manners;  —  he  has  been  engaged  in  the  mer 
cantile  line  and  is  a  Man  of  property.  He  is  about  37  years  of  age. 
From  Connecticut. 

Saml.  Johnson,  Roger  Sherman,  and  W.  [Oliver]  Elsworth 
Esquires. 


524  MAKING  THE   CONSTITUTION 

Mr.  Sherman  exhibits  the  oddest  shaped  character  I  ever 
remember  to  have  met  with.  He  is  awkward,  un-winning,  and 
unaccountably  strange  in  his  manner.  But  in  his  train  of 
thinking  there  is  something  regular,  deep  and  comprehensive  ; 
yet  the  oddity  of  his  address,  the  vulgarisms  that  accompany 
his  public  speaking,  and  that  strange  New  England  cant  that 
runs  through  his  public  as  well  as  his  private  speaking  make 
everything  that  is  connected  with  him  grotesque  and  laugh 
able; —  and  yet  he  deserves  infinite  praise,  —  no  Man  has  a 
better  Heart  or  a  clearer  Head.  If  he  cannot  embellish  he 
can  furnish  thoughts  that  are  wise  and  useful.  He  is  an  able 
politician  and  extremely  artful  in  accomplishing  any  particular 
object ;  —  and  it  is  remarked  that  he  seldom  fails.  I  am  told 
he  sits  on  the  bench  in  Connecticut,  and  is  very  correct  in  the 
discharge  of  his  Judicial  functions.  In  the  early  part  of  his 
life  he  was  a  Shoe-maker;  — but  despising  the  lowness  of  his 
condition,  he  turned  Almanack  maker,  and  so  progressed  up 
wards  to  a  Judge.  He  has  been  several  years  a  Member  of 
Congress,  and  discharged  the  duties  of  his  Office  with  honor 
and  credit  to  himself,  and  advantage  to  the  State  he  repre 
sented.  He  is  about  60. 

Mr.  Elsworth  is  a  Judge  of  the  Supreme  Court  in  Connec 
ticut  ;  — he  is  a  Gentleman  of  a  clear,  deep,  and  copious  under 
standing;  eloquent,  and  connected  in  public  debate;  and 
always  attentive  to  his  duty.  He  is  very  happy  in  a  reply, 
and  choice  in  selecting  such  parts  of  his  adversary's  argu 
ments  as  he  finds  make  the  strongest  impressions, — in  order 
to  take  off  the  force  of  them,  so  as  to  admit  the  power  of  his 
own.  Mr.  Elsworth  is  about  37  years  of  age,  a  Man  much 
respected  for  his  integrity,  and  venerated  for  his  abilities. 
From  New  York. 

Alexander  Hamilton,  [Robert]  Yates,  and  W.  [John] 
Lansing  Esquires. 

Colo.  Hamilton  is  deservedly  celebrated  for  his  talents. 
He  is  a  practitioner  of  the  Law,  and  reputed  to  be  a  finished 
Scholar.  To  a  clear  and  strong  judgment  he  unites  the  orna- 


MEN  OF  THE   CONVENTION  525 

ments  of  fancy,  and  whilst  he  is  able,  convincing,  and  engag 
ing  in  his  eloquence  the  Heart  and  Head  sympathize  in 
approving  him.  Yet  there  is  something  too  feeble  in  his 
voice  to  be  equal  to  the  strains  of  oratory  ;  —  it  is  my  opinion 
that  he  is  rather  a  convincing  Speaker,  that  [than]  a  blazing 
Orator.  Colo.  Hamilton  requires  time  to  think,  —  he  enquires 
into  every  part  of  his  subject  with  the  searchings  of  phyloso- 
phy,  and  when  he  comes  forward  he  comes  highly  charged 
with  interesting  matter.  There  is  no  skimming  over  the  surface 
of  a  subject  with  him,  he  must  sink  to  the  bottom  to  see 
what  foundation  it  rests  on.  —  His  language  is  not  always 
equal,  sometimes  didactic  like  Bolingbroke's  at  others  light 
and  tripping  like  Stern's.  His  eloquence  is  not  so  defusive  as 
to  trifle  with  the  senses,  but  he  rambles  just  enough  to  strike 
and  keep  up  the  attention.  He  is  about  33  years  old,  of 
small  stature,  and  lean.  His  manners  are  tinctured  with 
stiffness,  and  sometimes  with  a  degree  of  vanity  that  is  highly 
disagreeable. 

Mr.  Yates  is  said  to  be  an  able  Judge.  He  is  a  Man  of 
great  legal  abilities,  but  not  distinguished  as  an  Orator.  Some 
of  his  Enemies  say  he  is  an  anti-federal  Man,  but  I  discovered 
no  such  disposition  in  him.  He  is  about  45  years  old,  and 
enjoys  a  great  share  of  health. 

Mr.  Lansing  is  a  practicing  Attorney  at  Albany,  and  Mayor 
of  that  Corporation.  He  has  a  hesitation  in  his  speech,  that 
will  prevent  his  being  an  Orator  of  any  eminence ; —  his  legal 
knowledge  I  am  told  ^  is  not  extensive,  nor  his  education  a 
good  one.  He  is  however  a  Man  of  good  sense,  plain  in  his 
manners,  and  sincere  in  his  friendships.  He  is  about  32  years 
of  age. 

From  New  Jersey. 

Wm.  Livingston,  David  Brearly,  Wm.  Patterson,  and  Jonn. 
Dayton,  Esquires. 

Governor  Livingston  is  confessedly  a  Man  of  the  first  rate 
talents,  but  he  appears  to  me  rather  to  indulge  a  sportiveness 
of  wit,  than  a  strength  of  thinking.  He  is  however  equal  to 


526  MAKING  THE  CONSTITUTION 

anything,  from  the  extensiveness  of  his  education  and  genius. 
His  writings  teem  with  satyr  and  a  neatness  of  style.  But 
he  is  no  Orator,  and  seems  little  acquainted  with  the  guiles  of 
policy.  He  is  about  60  years  old,  and  remarkably  healthy. 

Mr.  Brearly  is  a  man  of  good,  rather  than  of  brilliant  parts. 
He  is  a  Judge  of  the  Supreme  Court  of  New  Jersey,  and  is 
very  much  in  the  esteem  of  the  people.  As  an  Orator  he  has 
little  to  boast  of,  but  as  a  Man  he  has  every  virtue  to  recom 
mend  him.  Mr.  Brearly  is  about  40  years  of  age. 

M.  Patterson  is  one  of  those  kind  of  Men  whose  powers 
break  in  upon  you,  and  create  wonder  and  astonishment.  He 
is  a  Man  of  great  modesty,  with  looks  that  bespeak  talents 
of  no  great  extent,  —  but  he  is  a  Classic,  a  Lawyer,  and  an 
Orator ;  —  and  of  a  disposition  so  favorable  to  his  advance 
ment  that  every  one  seemed  ready  to  exalt  him  with  their 
praises.  He  is  very  happy  in  the  choice  of  time  and  manner 
of  engaging  in  a  debate,  and  never  speaks  but  when  he  under 
stands  his  subject  well.  This  Gentleman  is  about  34  years 
of  age,  of  a  very  low  stature. 

Capt.  Dayton  is  a  young  Gentleman  of  talents,  with  am 
bition  to  exert  them.  He  possesses  a  good  education,  and 
some  reading;  he  speaks  well,  and  seems  desirous  of  improv 
ing  himself  in  Oratory.  There  is  an  impetuosity  in  his  temper 
that  is  injurious  to  him ;  but  there  is  an  honest  rectitude 
about  him  that  makes  him  a  valuable  Member  of  Society,  and 
secures  to  him  the  esteem  of  all  good  Men.  He  is  about  30 
years  old,  served  with  me  as  a  Brother  Aid  to  General  Sulli 
van  in  the  Western  expedition  of  '79. 

From  Pennsylvania. 

Benja.  Franklin,  Thos.  Mifflin,  Robt.  Morris,  Geo.  Clyrner, 
Thomas  Fitzsimmons,  Jared  Ingersol,  James  Wilson,  Gov- 
erneur  Morris. 

Dr.  Franklin  is  well  known  to  be  the  greatest  phylosopher 
of  the  present  age;  —  all  the  operations  of  nature  he  seems  to 
understand,  —  the  very  heavens  obey  him,  and  the  Clouds 
yield  up  their  Lightning  to  be  imprisoned  in  his  rod.  But 


MEN   OF  THE   CONVENTION  527 

what  claim  he  has  to  the  politician  posterity  must  determine. 
It  is  certain  that  he  does  not  shine  much  in  public  Council,  — 
he  is  no  Speaker,  nor  does  he  seem  to  let  politics  engage  his 
attention.  He  is,  however,  a  most  extraordinary  Man,  and 
tells  a  story  in  a  style  more  engaging  that  anything  I  ever 
heard.  Let  his  Biographer  finish  his  character.  He  is  82 
years  old,  and  possesses  an  activity  of  mind  equal  to  a  youth 
of  25  years  of  age. 

******* 

Robert  Morris  is  a  merchant  of  great  eminence  and  wealth ; 
an  able  Financier,  and  a  worthy  Patriot.  He  has  an  under 
standing  equal  to  any  public  object,  and  possesses  an  energy 
of  mind  that  few  Men  can  boast  of.  Although  he  is  not 
learned,  yet  he  is  as  great  as  those  who  are.  I  am  told  that 
when  he  speaks  in  the  Assembly  of  Pennsylvania,  that  he 
bears  down  all  before  him.  What  could  have  been  his  reason 
for  not  Speaking  in  the  Convention  I  know  not, —  but  he  never 
spoke  on  any  point.  This  Gentleman  is  about  50  years  of 
age.  .  .  . 

Mr.  Fitzsimmons  is  a  Merchant  of  considerable  talents.  .  .  . 
******* 

Mr.  Ingersol  is  a  very  able  Attorney,  and  possesses  a  clear 
legal  understanding.  He  is  well  educated  in  the  Classic's 
and  is  a  Man  of  very  extensive  reading.  Mr.  Ingersol  speaks 
well,  and  comprehends. his  subject  fully.  There  is  a  modesty 
in  his  character  that  keeps  him  back.  He  is  about  36  years 
old. 

Mr.  Wilson  ranks  among  the  foremost  in  legal  and  political 
knowledge.  He  has  joined  to  a  fine  genius  all  that  can  set 
him  off  and  show  him  to  advantage.  He  is  well  acquainted 
with  Man,  and  understands  all  the  passions  that  influence  him. 

Government  seems  to  have  been  his  peculiar  Study,  all  the 
political  institutions  of  the  World  he  knows  in  detail,  and 
can  trace  the  causes  and  effects  of  every  revolution  from  the 
earliest  stages  of  the  Greecian  commonwealth  down  to  the 


528  MAKING  THE   CONSTITUTION 

present  time.  No  man  is  more  clear,  copious,  and  compre 
hensive  than  Mr.  Wilson,  yet  he  is  no  great  Orator.  He  draws 
the  attention  not  by  the  charm  of  his  eloquence,  but  by  the 
force  of  his  reasoning.  He  is  about  45  years  old. 

Mr.  Governeur  Morris  is  one  of  those  Genius's  in  whom  every 
species  of  talents  combine  to  render  him  conspicuous  and  flour 
ishing  in  public  debate  :  —  He  winds  through  all  the  mazes  of 
rhetoric,  and  throws  around  him  such  a  glare  that  he  charms, 
captivates,  and  leads  away  the  senses  of  all  who  hear  him. 
With  an  infinite  streach  of  fancy  he  brings  to  view  things  when 
he  is  engaged  in  deep  argument,  that  render  all  the  labor  of 
reasoning  easy  and  pleasing.  But  with  all  these  powers  he  is 
fickle  and  inconstant,  —  never  pursuing  one  train  of  thinking,  — 
nor  ever  regular.  He  has  gone  through  a  very  extensive  course 
of  reading,  and  is  acquainted  with  all  the  sciences.  No  Man 
has  more  wit,  —  nor  can  any  one  engage  the  attention  more 
than  Mr.  Morris.  He  was  bred  to  the  Law,  but  I  am  told  he 
disliked  the  profession,  and  turned  merchant.  He  is  engaged 
in  some  great  mercantile  matters  with  his  namesake  Mr.  Robt 
Morris.  This  Gentleman  is  about  38  years  old,  he  has  been 
unfortunate  in  losing  one  of  his  Legs,  and  getting  all  the  flesh 
taken  off  his  right  arm  by  a  scald,  when  a  youth. 

From  Delaware. 

John  Dickinson,  Gunning  Bedford,  Geo :  Richd.  Bassett,  and 
Jacob  Broom  Esquires. 

Mr.  Dickinson  has  been  famed  through  all  America,  for  his 
Farmers  Letters ;  he  is  a  Scholar,  and  said  to  be  a  Man  of  very 
extensive  information.  When  I  saw  him  in  the  Convention  I 
was  induced  to  pay  the  greatest  attention  to  him  whenever  he 
spoke.  I  had  often  heard  that  he  was  a  great  Orator,  but  I 
found  him  an  indifferent  Speaker.  With  an  affected  air  of 
wisdom  he  labors  to  produce  a  trifle,  —  his  language  is  irreg 
ular  and  incorrect,  —  his  flourishes  (for  he  sometimes  attempts 
them),  are  like  expiring  flames,  they  just  shew  themselves  and 
go  out;  — no  traces  of  them  are  left  on  the  mind  to  chear  or 
animate  it.  He  is,  however,  a  good  writer  and  will  ever  be 


MEN  OF   THE   CONVENTION  529 

considered  one  of  the  most  important  characters  in  the  United 
States.     He  is  about  55  years  old,  and  was  bred  a  Quaker. 

Mr.  Bedford  was  educated  for  the  Bar,  and  in  his  profession 
I  am  told  has  merit.  He  is  a  bold  and  nervous  Speaker,  and 
has  a  very  commanding  and  striking  manner; — but  he  is 
warm  and  inpetuous  in  his  temper,  and  precipitate  in  his  judg 
ment.  [Cf.  No.  161.]  Mr.  Bedford  is  about  32  years  old,  and 
very  corpulant. 

******* 

From  Maryland. 

Luther  Martin,  Jas.  McHenry,  Daniel  of  St.  Thomas,  Jenifer, 
and  Daniel  Carrol  Esquires. 

Mr.  Martin  was  educated  for  the  Bar,  and  is  Attorney  gen 
eral  for  the  State  of  Maryland.  This  Gentleman  possesses  a 
good  deal  of  information,  but  he  has  a  very  bad  delivery,  and 
so  extremely  prolix,  that  he  never  speaks  without  tiring  the 
patience  of  all  who  hear  him.  He  is  about  34  years  of  age. 

Mr.  Jenifer  is  a  Gentleman  of  fortune.  .  .  . 

Mr.  Carroll  is  a  Man  of  large  fortune.  .  .  . 
From  Virginia. 

Genl.  Geo :  Washington,  Geo :  Wythe,  Geo :  Mason,  Jas. 
Maddison  junr.  Jiio.  Blair,  Edmd.  Eandolph,  and  James  Mc.Lurg. 

******  * 

Mr.  Mason  is  a  Gentleman  of  a  remarkable  strong  powers, 
and  possesses  a  clear  and  copious  understanding.  He  is  able 
and  convincing  in  debate,  steady  and  firm  in  his  principles, 
and  undoubtedly  one  of  the  best  politicians  in  America.  Mr. 
Mason  is  about  60  years  old,  with  a  fine  strong  constitution. 

Mr.  Maddison  is  a  character  who  has  long  been  in  public 
life ;  and  what  is  very  remarkable  every  Person  seems  to 
acknowledge  his  greatness.  He  blends  together  the  profound 
politician,  with  the  Scholar.  In  the  management  of  every 
great  question  he  evidently  took  the  lead  in  the  Convention, 
and  tho'  he  cannot  be  called  an  Orator,  he  is  a  most  agreable, 
eloquent,  and  convincing  Speaker.  From  a  spirit  of  industry 


530  MAKING  THE   CONSTITUTION 

and  application  which  he  possesses  in  a  most  eminent  degree, 
he  always  comes  forward  the  best  informed  Man  of  any  point 
in  debate.  The  affairs  of  the  United  States,  he  perhaps,  has 
the  most  correct  knowledge  of,  of  any  Man  in  the  Union.  He 
has  been  twice  a  Member  of  Congress,  and  was  always  thought 
one  of  the  ablest  Members  that  ever  sat  in  that  Council.  Mr. 
Maddison  is  about  37  years  of  age,  a  Gentleman  of  great  mod 
esty,  —  with  a  remarkable  sweet  temper.  He  is  easy  and  un 
reserved  among  his  acquaintances,  and  has  a  most  agreable 
style  of  conversation. 

Mr.  Blair  is  one  of  the  most  respectable  Men  in  Virginia 
both  on  account  of  his  Family  as  well  as  his  fortune.  .  .  . 

Mr.  E/andolph  is  Governor  of  Virginia,  —  a  young  Gentle 
man  in  whom  unite  all  the  accomplishments  of  the  Scholar, 
and  the  States-man.  He  came  forward  with  the  postulata  or 
first  principles,  on  which  the  Convention  acted,  and  he  sup 
ported  them  with  a  force  of  eloquence  and  reasoning  that  did 
him  great  honor.  He  has  a  most  harmonious  voice,  a  fine 
person  and  striking  manners.  Mr.  Randolph  is  about  32  years 
of  age. 


North  Carolina. 

Wm.  Blount,  Eichd.  Dobbs  Spaight,  Hugh  Williamson,  Wm. 
Davey,  and  Jno.  [Alexander]  Martin  Esquires. 

Mr.  Blount  is  a  character  strongly  marked  for  integrity  and 
honor.  He  has  been  twice  a  Member  of  Congress,  and  in  that 
office  discharged  his  duty  with  ability  and  faithfulness.  He- 
is  no  Speaker,  nor  does  he  possess  any  of  those  talents  that 
make  Men  shine ; — he  is  plain,  honest,  and  sincere.  Mr.  Blount 
is  about  36  years  of  age. 

Mr.  Spaight  is  a  worthy  Man,  of  some  abilities,  and  fortune. 
Without  possessing  a  Genius-  to  render  him  brilliant,  he  is  able 
to  discharge  any  public  trust  that  his  Country  may  repose  in 
him.  He  is  about  31  years  of  age.  .  .  . 


MEN   OF  THE   CONVENTION  531 

South  Carolina. 

Jno.  Rutledge,  Chs.  Cotesworth  Pinckney,  Charles  Pinckney, 
and  Pierce  Butler  Esquires. 

Mr.  Rutledge  is  one  of  those  characters  who  was  highly 
mounted  at  the  commencement  of  the  late  revolution;  his 
reputation  in  the  first  Congress  gave  him  a  distinguished  rank 
among  the  American  Worthies.  He  was  bred  to  the  Law,  and 
now  acts  as  one  of  the  Chancellors  of  South  Carolina.  This 
Gentleman  is  much  famed  in  his  own  State  as  an  Orator,  but 
in  my  opinion  he  is  too  rapid  in  his  public  speaking  to  be 
denominated  an  agreeable  Orator.  He  is  undoubtedly  a  man 
of  abilities,  and  a  Gentleman  of  distinction  and  fortune.  Mr. 
Kutledge  was  once  Governor  of  South  Carolina.  He  is  about 
48  years  of  age. 

Mr.  Chas.  Cotesworth  Pinckney  is  a  Gentleman  of  Family 
and  fortune.  .  .  . 

Mr.  Charles  Pinckney  is  a  young  Gentleman  of  most  prom 
ising  talents.  He  is,  altho  only  24  years  of  age,  in  possession 
of  a  very  great  variety  of  knowledge.  Government,  Law,  His 
tory,  and  Philosophy  are  his  favorite  studies,  but  he  is  inti 
mately  acquainted  with  many  species  of  polite  learning.  .  .  . 


For  Georgia. 

Wm.  Few,  Abraham  Baldwin,  Wm.  Pierce,  and  Wm.  Hous- 
toun  Esqrs. 

Mr.  Few  possesses  a  strong  natural  Genius,  and  from  appli 
cation  has  acquired  some  knowledge  of  legal  matters ;  and  he 
practices  at  the  bar  of  Georgia,  and  speaks  tolerably  well  in 
the  Legislature.  He  has  been  twice  a  Member  of  Congress, 
and  served  in  that  capacity  with  fidelity  to  his  State,  and  honor 
to  himself.  Mr.  Few  is  about  35  years  of  age. 

Mr.  Baldwin  is  a  Gentleman  of  superior  abilities,  and  joins 
in  a  public  debate  with  great  art  and  eloquence.  Having  laid 
the  foundation  of  a  compleat  classical  education  at  Harvard 
College,  he  pursues  every  other  study  with  ease.  He  is  well 


532  MAKING  THE   CONSTITUTION 

acquainted  with  Books  and  Characters,  and  has  an  accomodat- 
ing  turn  of  mind,  which  enables  him  to  gain  the  confidence  of 
Men,  and  to  understand  them.  He  is  a  practicing  Attorney 
in  Georgia,  and  has  been  twice  a  Member  of  Congress.  Mr. 
Baldwin  is  about  38  years  of  age. 

Mr.  Houstoun  is  an  Attorney  at  Law.  .  .  .  He  is  a  Gentle 
man  of  Family,  and  was  educated  in  England.  As  to  his  legal 
or  political  knowledge,  he  has  very  little  to  boast  of.  Nature 
seems  to  have  done  more  for  his  corporeal  than  mental  powers. 
His  person  is  striking.  .  . 

161.  One  Day  in  the  Philadelphia  Convention 

Madison's  Journal.  The  day  chosen  was  the  closing  day  of  debate 
on  the  "Connecticut  Compromise"  proposition,  when  the  Convention 
came  near  disruption.  For  the  narrative,  cf.  American  History  and 
Government,  §  203. 

SATURDAY,   JUNE   30th 

In  Convention,  —  Mr.  BREARLY  [New  Jersey]1  moved  that 
the  President  write  to  the  Executive  of  New  Hampshire,  in 
forming  it  that  the  business  depending  before  the  Convention 
was  of  such  a  nature  as  to  require  the  immediate  attandance 
of  the  Deputies  of  that  State.  In  support  of  his  motion,  he 
observed  that  the  difficulties  of  the  subject,  and  the  diversity 
of  opinions  called  for  all  the  assistance  we  could  possibly 
obtain.  (It  was  well  understood  that  the  object  was  to  add 
New  Hampshire  to  the  number  of  States  opposed  to  the 
doctrine  of  proportional  representation,  which  it  was  presumed, 
from  her  relative  size,  she  must  be  adverse  to.) 

Mr.  PATTERSON  [New  Jersey]  seconded  the  motion. 

Mr.  RUTLEDGE  [South  Carolina]  could  see  neither  the 
necessity  nor  propriety  of  such  a  measure.  They  are  not 
unapprized  of  the  meeting,  and  can  attend  if  they  choose. 

1  Observe  the  motion  was  a  "  small-State  "  move,  opposed  by  the  "  large 
States  "  in  debate  as  in  vote. 


THE   PHILADELPHIA  CONVENTION  533 

Rhode  Island  might  as  well  be  urged  to  appoint  and  send 
deputies.  Are  we  to  suspend  the  business  until  the  Deputies 
arrive  ?  If  we  proceed,  he  hoped  all  the  great  points  would 
be  adjusted  before  the  letter  could  produce  its  effect. 

Mr.  KIXG  [Massachusetts]  said  he  had  written  more  than 
once  as  a  private  correspondent,  and  the  answer  gave  him 
every  reason  to  expect  that  State  would  be  represented  very 
shortly,  if  it  should  be  so  at  all.  Circumstances  of  a  personal 
nature  had  hitherto  prevented  it.  A  letter  could  have  no 
effect. 

Mr.  WILSON  [Pennsylvania]  wished  to  know,  whether  it 
would  be  consistent  with  rule  or  reason  of  secrecy,  to  com 
municate  to  New  Hampshire  that  the  business  was  of  such  a 
nature  as  the  motion  described.  It  would  spread  a  great  alarm. 
Besides  he  doubted  the  propriety  of  soliciting  any  State  on 
the  subject,  the  meeting  being  merely  voluntary. 

On  motion  of  Mr.  BKEARLY. 

New  York,  New  Jersey,  aye  —  2;  Massachusetts,  Connect 
icut,  Virginia,  North  Carolina,  South  Carolina,  no  —  5 ; 
Maryland  divided ;  Pennsylvania,  Delaware,  Georgia,  not  on 
the  floor. 

The  motion  of  Mr.  ELLSWORTH  being  resumed,  for  al 
lowing  each  State  an  equal  vote  in  the  second  branch,  — l 

Mr.  WILSOX  did  not  expect  such  a  motion  after  the  es 
tablishment  of  the  contrary  principle  in  the  first  branch ;  and 
considering  the  reasons  which  would  oppose  it,  even  if  an 
equal  vote  had  been  allowed  in  the  first  branch.  The  gentle 
man  from  Connecticut  (Mr.  ELLSWORTH)  had  pronounced, 
that  if  the  motion  should  not  be  acceded  to,  of  all  the  States 
north  of  Pennsylvania  one  only  would  agree  to  any  General 
Government.  He  entertained  more  favourable  hopes  of  Con 
necticut  and  of  the  other  Northern  States.  He  hoped  the 
alarms  exceeded  their  cause,  and  that  they  would  not  abandon 

!This  motion  had  been  made  the  day  before.  The  Convention  had  pre 
viously  agreed  that  voting  in  the  "first  branch"  should  be  in  proportion  to 
population. 


534  MAKING   THE   CONSTITUTION 

a  country  to  which  they  were  bound  by  so  many  strong  and 
endearing  ties.  But  should  the  deplored  event  happen,  it 
would  neither  stagger  his  sentiments  nor  his  duty.  If*  the 
minority  of  the  people  of  America  refuse  to  coalesce  icith  the 
majority  on  just  and  proper  principles;  if  a  separation  must 
take  place,  it  could  never  happen  on  better  grounds.  The  votes 
of  yesterday  against  the  just  principle  of  representation  were 
as  twenty-two  to  ninety  of  the  people  of  America.  Taking 
the  opinions  to  be  the  same  on  this  point,  and  he  was  sure, 
if  there  was  any  room  for  change,  it  could  not  be  on  the  side 
of  the  majority,  the  question  will  be,  shall  less  than  one-fourth 
of  the  United  States  withdraw  themselves  from  the  Union,  or 
shall  more  than  three-fourths  renounce  the  inherent,  indisput 
able  and  un  alien  able  rights  of  men,  in  favor  of  the  artificial 
system  of  States  ?  If  issue  must  be  joined,  it  was  on  this 
point  he  would  choose  to  join  it.  The  gentleman  from  Con 
necticut,  in  supposing  that  the  preponderance  secured  to  the 
majority  in  the  first  branch  had  removed  the  objections  to  an 
equality  of  votes  in  the  second  branch  for  the  security  of  the 
minority,  narrowed  the  case  extremely.  Such  an  equality  will 
enable  the  minority  to  control,  in  all  cases  whatsoever,  the 
sentiments  and  interests  of  the  majority.  Seven  States  will 
control  six :  seven  States,  according  to  the  estimates  that  had 
been  used,  composed  twenty-four  ninetieths  of  the  whole 
people.  It  would  be  in  the  power,  then,  of  less  than  one-third 
to  overrule  two-thirds,  whenever  a  question  should  happen  to 
divide  the  States  in  that  manner.  .  .  . 

Mr.  ELLSWORTH.  The  capital  objection  of  Mr.  WILSOX,  "  that 
the  minority  will  rule  the  majority,"  is  not  true.  The  power  is 
given  to  the  few  to  save  them  from  being  destroyed  by  the  many.  If 
an  equality  of  votes  had  been  given  to  them  in  both  branches, 
the  objection  might  have  weight.  Is  it  a  novel  thing  that  the 
few  should  have  a  check  on  the  many  ?  Is  it  not  the  case  in 
the  British  Constitution,  the  wisdom  of  which  so  many  gentle 
men  have  united  in  applauding  ?  Have  not  the  House  of 
Lords,  who  form  so  small  a  proportion  of  the  nation,  a  negative 


THE  PHILADELPHIA  CONVENTION  535 

on  the  laws,  as  a  necessary  defence  of  their  peculiar  rights 
against  the  encroachments  of  the  Commons  ?  No  instance  of 
a  confederacy  has  existed  in  which  an  equality  of  voices  has 
not  been  exercised  by  the  members  of  it.  We  are  running  from 
one  extreme  to  another.  We  are  razing  the  foundations  of  the 
building,  when  we  need  only  repair  the  roof.  No  salutary 
measure  has  been  lost  for  want  of  a  majority  of  the  States 
to  favor  it.  If  security  be  all  that  the  great  States  wish  for, 
the  first  branch  secures  them.  The  danger  of  combinations 
among  them  is  not  imaginary.  Although  no  particular  abuses 
could  be  foreseen  by  him  the  possibility  of  them  would  be  suf 
ficient  to  alarm  him.  But  he  could  easily  conceive  cases  in 
which  they  might  result  from  such  combinations.  Suppose, 
that,  in  pursuance  of  some  commercial  treaty  or  arrangement, 
three  or  four  free  ports  and  no  more  were  to  be  established, 
would  not  combinations  be  formed  in  favor  of  Boston,  Philadel 
phia,  and  some  port  of  the  Chesapeake  ?  A  like  concert  might 
be  formed  in  the  appointment  of  the  great  offices.  He  appealed 
again  to  the  obligations  of  the  Federal  compact  [Articles  of  Confeder 
ation]  in  force,  and  which  had  been  entered  into  with  so  much  solem 
nity;  persuading  himself  that  some  regard  would  still  be  paid  to  the 
plighted  faith  under  which  each  State,  small  as  well  as  great,  held  an 
equal  right  of  suffrage  in  the  general  councils.  His  remarks  were 
not  the  result  of  partial  or  local  views.  The  State  he  repre 
sented  (Connecticut)  held  a  middle  rank. 

Mr.  MADISON  did  justice  to  the  able  and  close  reasoning  of 
Mr.  ELLSWORTH,  but  must  observe  that  it  did  not  always 
accord  with  itself.  On  another  occasion,  the  large  States  were 
described  by  him  as  the  aristocratic  States,  ready  to  oppress 
the  small.  Now  the  small  are  the  House  of  Lords,  requiring 
a  negative  to  defend  them  against  the  more  numerous  Com 
mons.  Mr.  ELLSWORTH  had  also  erred  in  saying  that  no  in 
stance  had  existed  in  which  confederated  states  had  not  retained 
to  themselves  a  perfect  equality  of  suffrage.  Passing  over  the 
German  system,  in  which  the  King  of  Prussia  has  nine  voices, 
he  reminded  Mr.  ELLSWORTH  of  the  Lycian  confederacy, 


536  MAKING  THE   CONSTITUTION 

in  which  the  component  members  had  votes  proportioned  to 
their  importance,  and  which  Montesquieu  recommends  as  the 
fittest  model  for  that  form  of  government.  Had  the  fact  been 
as  stated  by  Mr.  ELLSWORTH,  it  would  have  been  of  little 
avail  to  him,  or  rather  would  have  strengthened  the  arguments 
against  him ;  the  history  and  fate  of  the  several  confederacies, 
modern  as  well  as  ancient,  demonstrating  some  radical  vice  in 
their  structure.  In  reply  to  the  appeal  of  Mr.  ELLSWORTH 
to  the  faith  plighted  in  the  existing  federal  compact,  he  re 
marked,  that  the  party  claiming  from  others  an  adherence  to  a 
common  engagement,  ought  at  least  to  be  guiltless  itself  of  a 
violation.  Of  all  the  States,  however,  Connecticut  was  perhaps 
least  able  to  urge  this  plea.  Besides  the  various  omissions  to 
perform  the  stipulated  acts,  from  which  no  State  was  free,  the 
Legislature  of  that  State  had,  by  a  pretty  recent  vote,  positively 
refused  to  pass  a  law  for  complying  with  the  requisitions  of 
Congress,  and  transmitted  a  copy  of  the  vote  to  Congress.1  It 
was  urged,  he  said,  continually,  that  an  equality  of  votes  in  the 
second  branch  was  not  only  necessary  to  secure  the  small,  but 
would  be  perfectly  safe  to  the  large  ones  ;  whose  majority  in  the 
first  branch  was  an  effectual  bulwark.  But  notwithstanding 
this  apparent  defence,  the  majority  of  States  might  still  injure 
the  majority  of  the  people.  ...  He  admitted  that  every  pe 
culiar  interest,  whether  in  any  class  of  citizens  or  any  descrip 
tion  of  States,  ought  to  be  secured  as  far  as  possible.  Wher 
ever  there  is  danger  of  attack,  there  ought  to  be  given  a  con 
stitutional  power  of  defence.  But  he  contended  that  the  States 
were  divided  into  different  interests,  not  by  their  difference  of  size, 
but  other  circumstances ;  the  most  material  of  which  resulted 
partly  from  climate,  but  principally  from  the  effects  of  their  hav 
ing  or  not  having  slaves.  These  two  causes  concurred  in  forming 
the  great  division  of  interests  in  the  United  States.  It  did  not  lie 
between  the  large  and  small  States.  It  lay  between  the  Northern 
and  Southern.  .  .  . 

Mr.  ELLSWORTH  assured  the  House,  that,  whatever  might  be 

1  This  begins  the  rather  unhappy  "  personalities  "  of  the  debate. 


THE   PHILADELPHIA  CONVENTION  537 

thought  of  the  Representatives  of  Connecticut,  the  State  was 
entirely  Federal  in  her  disposition.  He  appealed  to  her  great 
exertions  during  the  war,  in  supplying  both  men  and  money. 
The  muster-rolls  would  show  she  had  more  troops  in  the  field  than 
Virginia.1  If  she  had  been  delinquent,  it  had  been  from  in 
ability,  and  not  more  so  than  other  States. 

Mr.  SHERMAN.  MR.  MADISON  animadverted  on  the  delin 
quency  of  the  States,  when  his  object  required  him  to  prove 
that  the  constitution  of  Congress  was  faulty.  Congress  is  not 
to  blame  for  the  faults  of  the  States.  Their  measures  have 
been  right,  and  the  only  thing  wanting  has  been  a  further 
power  in  Congress  to  render  them  effectual. 

Mr.  DAVIE  [North  Carolina]  was  much  embarrassed,  and 
wished  for  explanations.  The  Report  of  the  Committee  [of 
the  Whole],  allowing  the  Legislatures  to  choose  the  Senate,  and 
establishing  a  proportional  representation  in  it,  seemed  to  be 
impracticable.  There  will,  according  to  this  rule,  be  ninety 
members  in  the  outset,  and  the  number  will  increase  as  new 
States  are  added.  It  was  impossible  that  so  numerous  a  body 
could  possess  the  activity  and  other  qualities  required  in  it. 
Were  he  to  vote  on  the  comparative  merits  of  the  Report,  as  it 
stood,  and  the  amendment,  he  should  be  constrained  to  prefer 
the  latter.  .  .  .  Under  this  view  of  the  subject,  he  could  not 
vote  for  any  plan  for  the  Senate  yet  proposed.  He  thought 
that,  in  general,  there  were  extremes  on  both  sides.  We  were 
partly  federal,  partly  national,  in  our  union;  and  he  did  not  see 
why  the  Government  might  not  in  some  respects  operate  on 
the  States,  in  others  on  the  people. 

Mr.  WILSON  admitted  the  question  concerning  the  number 
of  Senators  to  be  embarrassing.  If  the  smallest  States  be 
allowed  one,  and  the  others  in  proportion,  the  Senate  will 
certainly  be  too  numerous.  He  looked  forward  to  the  time 
when  the  smallest  States  will  contains  hundred  thousand 
souls  at  least.  Let  there  be  then  one  Senator  in  each,  for 
every  hundred  thousand  souls,  and  let  the  States  not  having 

1  Cf.  note  above. 


538  MAKING  THE  CONSTITUTION 

that  number  of  inhabitants  be  allowed  one.  He  was  willing 
himself  to  submit  to  this  temporary  concession  to  the  small 
States;  and  threw  out  the  idea  as  aground  of  compromise.  .  .  . 
Doctor  FRANKLIN.  The  diversity  of  opinions  turns  on  two 
points.  If  a  proportional  representation  takes  place,  the 
small  States  contend  that  their  liberties  will  be  in  danger.  If 
an  equality  of  votes  is  to  be  put  in  its  place,  the  large  States 
say  their  money  will  be  in  danger.  When  a  broad  table  is  to 
be  made,  and  the  edges  of  planks  do  not  fit,  the  artist  takes  a 
little  from  both,  and  makes  a  good  joint.  In  like  manner, 
here,  both  sides  must  part  from  some  of  their  demands,  in 
order  that  they  may  join  in  some  accommodating  proposition. 
He  had  prepared  one  which  he  would  read,  that  it  might  lie 
on  the  table  for  consideration.  The  proposition  was  in  the 
words  following  : 

"That  the  Legislatures  of  the  several  States  shall  choose  and  send  an 
equal  number  of  delegates,  namely  .  .  .  ,  who  are  to  compose  the  second 
branch  of  the  General  Legislature. 

"That  in  all  cases  or  questions  wherein  the  sovereignty  of  individual 
States  may  be  affected,  or  whereby  their  authority  over  their  own  citizens 
may  be  diminished,  or  the  authority  of  the  General  Government  within 
the  several  States  augmented,  each  State  shall  have  equal  suffrage. 

"  That  in  the  appointment  of  all  civil  officers  of  the  General  Govern 
ment,  in  the  election  of  whom  the  second  branch  may  by  the  constitution 
have  part,  each  State  shall  have  equal  suffrage. 

"That  in  fixing  the  salaries  of  such  officers,  and  in  all  allowances  for 
public  services,  and  generally  in  all  appropriations  and  disposition  of 
money  to  be  drawn  out  of  the  general  Treasury  ;  and  in  all  laws  for  sup 
plying  that  Treasury,  the  Delegates  of  the  several  States  shall  have  suf 
frage  in  proportion  to  the  sums  which  their  respective  States  do  actually 
contribute  to  the  Treasury." 

.  Where  a  ship  had  many  owners,  this  was  the  rule  of  deciding 
on  her  expedition.  He  had  been  one  of  the  ministers  from 
this  country  to  France  during  the  joint  war,  and  would  have 
been  very  glad  if  allowed  to  vote  in  distributing  the  money  to 
carry  it  on. 

Mr.  KING  observed,  that  the  simple  question  was,  whether 


THE   PHILADELPHIA  CONVENTION  539 

each  State  should  have  an  equal  vote  in  the  second  branch; 
that  it  must  be  apparent  to  those  gentlemen  who  liked  neither 
the  motion  for  this  quality,  nor  the  Eeport  as  it  stood,  that 
the  Eeport  was  as  susceptible  of  melioration  as  the  motion ; 
that  a  reform  would  be  nugatory  and  nominal  only,  if  we  should 
make  another  Congress  of  the  proposed  Senate ;  that  if  the 
adherence  to  an  equality  of  votes  was  fixed  and  unalterable, 
there  could  not  be  less  obstinacy  on  the  other  side  ;  and  that 
we  were  in  fact  cut  asunder  already,  and  it  was  in  vain  to  shut  our 
eyes  against  it.  That  he  was,  however,  filled  with  astonishment, 
that,  if  we  were  convinced  that  every  man  in  America  was 
secured  in  all  his  rights,  we  should  be  ready  to  sacrifice  this 
substantial  good  to  the  phantom  of  State  sovereignty.  That 
his  feelings  were  more  harrowed  and  his  fears  more  agitated 
for  his  country  than  he  could  express ;  that  he  conceived  this 
to  be  the  last  opportunity  of  providing  for  its  liberty  and  hap 
piness  :  that  he  could  not,  therefore,  but  repeat  his  amazement, 
that  when  a  just  government,  founded  on  a  fair  representation 
of  the  People  of  America,  was  within  our  reach,  we  should  re 
nounce  the  blessing,  from  an  attachment  to  the  ideal  freedom 
and  importance  of  States.  That  should  this  wonderful  illusion 
continue  to  prevail,  his  mind  was  prepared  for  any  event,  rather 
than  sit  down  under  a  Government  founded  on  a  vicious  prin 
ciple  of  representation,  and  which  must  be  as  short-lived  as  it 
would  be  unjust.  He  might  prevail  on  himself  to  accede  to 
some  such  expedient  as  had  been  hinted  by  Mr.  WILSON  ;  but 
he  never  could  listen  to  an  equality  of  votes,  as  proposed  in  the  motion. 
Mr.  DAYTON.  When  assertion  is  given  for  proof,  and  terror  sub 
stituted  for  argument,  he  presumed  they  would  have  no  effect,  however 
eloquently  spoken.  It  should  have  been  shown  that  the  evils  we 
have  experienced  have  proceeded  from  the  equality  now  ob 
jected  to ;  and  that  the  seeds  of  dissolution  for  the  State  Gov 
ernments  are  not  sown  in  the  General  Government.  He  con 
sidered  the  system  on  the  table  [Virginia  Plan]  as  a  novelty, 
an  amphibious  monster ;  and  was  persuaded  that  it  never  would 
be  received  by  the  people. 


540  MAKING  THE   CONSTITUTION 

Mr.  MARTIN  [Maryland]  would  never  confederate,  if  it  could  not 
be  done  on  just  principles  [i.e.,  giving  small  States  equal  voice  in 
at  least  one  House]. 

Mr.  MADISON  would  acquiesce  in  the  concession  hinted  by 
Mr.  WILSON,  on  condition  that  a  due  independence  should 
be  given  to  the  Senate.  The  plan  in  its  present  shape  makes 
the  Senate  absolutely  dependent  on  the  States.  The  Senate, 
therefore,  is  only  another  edition  of  Congress.  He  knew  the 
faults  of  that  body,  and  had  used  a  bold  language  against  it. 
Still  he  would  preserve  the  State  rights  as  carefully  as  the 
trial  by  jury. 

Mr.  BEDFORD  [Delaware]  contended,  that  there  was  no 
middle  way  between  a  perfect  consolidation,  and  a  mere 
confederacy  of  the  States.  The  first  is  out  of  the  question ; 
and  in  the  latter  they  must  continue,  if  not  perfectly,  yet 
equally,  sovereign.  If  political  societies  possess  ambition, 
avarice,  and  all  the  other  passions  which  render  them  formi 
dable  to  each  other,  ought  we  not  to  view  them  in  this  light 
here?  Will  not  the  same  motives  operate  in  America  as 
elsewhere?  If  any  gentleman  doubts  it,  let  him  look  at 
the  votes.  Have  they  not  been  dictated  by  interest,  by  am 
bition  ?  Are  not  the  large  States  evidently  seeking  to  aggrandize 
themselves  at  the  expense  of  the  small  ?  They  think,  no  doubt, 
that  they  have  right  on  their  side,  but  interest  has  blinded 
their  eyes.  Look  at  Georgia.  Though  a  small  State  at 
present,  she  is  actuated  by  the  prospect  of  soon  being  a  great 
one.  South  Carolina  is  actuated  both  by  present  interest,  and 
future  prospects.  She  hopes,  too,  to  see  the  other  States  cut 
down  to  her  own  dimensions.  North  Carolina  has  the  same 
motives  of  present  and  future  interest.  Virginia  follows. 
Maryland  is  not  on  that  side  of  the  question.  Pennsylvania 
has  a  direct  and  future  interest.  Massachusetts  has  a  decided 
and  palpable  interest  in  the  part  she  takes.  .  .  .  The  three 
large  States  have  a  common  interest  to  bind  them  together  in  commerce. 
But  whether  a  combination,  as  we  supposed,  shall  take  place 
among  them,  in  either  case  the  small  States  must  be  ruined. 


THE   PHILADELPHIA  CONVENTION  541 

We  must,  like  Solon,  make  such  a  government  as  the  people 
will  approve.  Will  the  smaller  States  ever  agree  to  the 
proposed  degradation  of  them  ?  It  is  not  true  that  the  people 
will  not  agree  to  enlarge  the  powers  of  the  present  Con 
gress.  The  language  of  the  people  has  been,  that  Congress 
ought  to  have  the  power  of  collecting  an  impost,  and  of 
coercing  the  States  where  it  may  be  necessary.  On  the  first 
point  they  have  been  explicit,  and,  in  a  manner,  unanimous 
in  their  declarations.  And  must  they  not  agree  to  this,  and 
similar  measures,  if  they  ever  mean  to  discharge  their  engage 
ments  ?  The  little  States  are  willing  to  observe  their  engage 
ments,  but  will  meet  the  large  ones  on  no  ground  but  that  of  the 
Confederation.  We  have  been  told,  with  dictatorial  air,  this  is  the 
last  moment  for  a  fair  trial  in  favor  of  a  good  government.  It  will 
be  the  last,  indeed,  if  the  propositions  reported  from  the  Committee  go 
forth  to  the  people.  He  was  under  no  apprehensions.  The  large 
States  dare  not  dissolve  the  Confederation.  If  they  do,  the  small 
ones  will  find  some  foreign  ally,  of  more  honour  and  good  faith, 
who  will  take  them  by  the  hand,  and  do  them  justice.  He  did  not 
mean,  by  this,  to  intimidate  or  alarm.  It  was  a  natural  con 
sequence,  which  ought  to  be  avoided  by  enlarging  the  Federal 
powers,  not  annihilating  the  Federal  system.  This  is  what  the 
people  expect.  All  agree  in  the  necessity  of  a  more  efficient 
government,  and  why  not  make  such  an  one  as  they  desire  ? 

Mr.  ELLSWORTH.  Under  a  National  Government,  he  should 
participate  in  the  national  security,  as  remarked  by  Mr.  KIXG  ; 
but  that  was  all.  What  he  wanted  was  domestic  happiness. 
The  National  Government  could  not  descend  to  the  local 
objects  on  which  this  depended.  It  could  only  embrace  objects 
of  a  general  nature.  He  turned  his  eyes,  therefore,  for  the 
preservation  of  his  rights,  to  the  State  Governments.  From 
these  alone  he  could  derive  the  greatest  happiness  he  expects 
in  this  life.  His  happiness  depends  on  their  existence,  as  much 
as  a  new-born  infant  on  its  mother  for  nourishment.  If  this 
reasoning  was  not  satisfactory,  he  had  nothing  to  add  that  could 
be  so, 


542  MAKING  THE  CONSTITUTION 

Mr.  KIXG  was  for  preserving  the  States  in  a  subordinate  de 
gree,  and  as  far  as  they  could  be  necessary  for  the  purposes 
stated  by  Mr.  ELLSWORTH.  He  did  not  think  a  full  answer 
had  been  given  to  those  who  apprehended  a  dangerous  encroach 
ment  on  their  jurisdictions.  .  .  .  He  could  not  sit  down  with 
out  taking  some  notice  of  the  language  of  the  honorable  gentle 
man  from  Delaware  (Mr.  BEDFORD).  It  was  not  he  [King] 
that  had  uttered  a  dictatorial  language.  This  intemperance 
had  marked  the  honorable  gentleman  himself.  It  was  not  he 
[King]  who,  with  a  vehemence  unprecedented  in  that  House, 
had  declared  himself  ready  to  turn  his  hopes  from  our  com 
mon  country,  and  court  the  protection  of  some  foreign  hand. 
This,  too,  was  the  language  of  the  honorable  member  himself. 
He  was  grieved  that  such  an  expression  had  dropped  from 
his  lips.  The  gentleman  could  only  excuse  it  to  himself  on 
the  score  of  passion.  For  himself,  whatever  might  be  his  dis 
tress,  he  would  never  court  relief  from  a  foreign  power. 

Adjourned. 

[The  vote,  taken  on  the  opening  of  the  next  session,  is  recorded  as 
follows  : 

"  In  Convention,  —  On  the  question  for  allowing  each  State  one  vote  in 
the  second  branch,  as  moved  by  Mr.  ELLSWORTH,  it  was  lost,  by  an 
equal  division  of  votes,  — Connecticut,  New  York,  New  Jersey,  Delaware, 
Maryland,  aye  —  5  ;  Massachusetts,  Pennsylvania,  Virginia,  North  Car 
olina,  South  Carolina,  no  —  5;  Georgia,  divided  (Mr.  Baldwin  aye,  Mr. 
Houston,  no)." 

This  was  a  tie,  intentionally  made  so  by  the  Georgia  delegate  who  voted 
last.  For  this  and  for  the  final  victory  of  the  "  Compromise,  "  cf.  Ameri 
can  History  and  Government,  §  203.] 


XXVIII.     RATIFYING   THE   CONSTITUTION1 

162.  George  Mason's  Objections  to  the  Constitution,  1787 

Kate  Mason  Rowland's  Life  of  George  Mason  (1892),  II,  387-390. 

Mason  had  been  one  of  the  most  enthusiastic  of  the  Philadelphia  Con 
vention  in  its  early  stages,  writing  to  his  son,  after  a  few  weeks,  that  he 
would  "bury  my  bones  in  Philadelphia"  rather  than  injure  the  business 
by  leaving  prematurely,  though  his  private  affairs  were  pressing.  But  he 
was  more  democratic  than  the  Convention,  and,  before  its  close,  he  came 
to  look  upon  the  results  with  suspicion.  He  refused  to  sign  the  completed 
constitution,  and  afterward  he  opposed  its  ratification  in  Virginia.  Mason 
was  the  chief  author  of  the  Virginia  Bill  of  Rights  of  1776  (No.  136 
above).  Cf.  also  No.  163. 

There  is  no  Declaration  of  Rights,  and,  the  laws  of  the, 
general  government  being  paramount  to  the  laws  and  constitu 
tion  of  the  several  States,  the  Declaration  of  Eights  in  the 
separate  States  are  no  security.  Nor  are  the  people  secured 
even  in  the  enjoyment  of  the  benefit  of  the  common  law. 

In  the  House  of  Representatives  there  is  not  the  substance 
but  the  shadow  only  of  representation ;  which  can  never 
produce  proper  information  in  the  legislature,  or  inspire 
confidence  in  the  people ;  the  laws  will  therefore  be  generally 
made  by  men  little  concerned  in,  and  unacquainted  with  their 
effects  and  consequences. 

The  Senate  have  the  power  of  altering  all  money  bills,  and 
of  originating  appropriations  of  money,  and  the  salaries  of 
the  officers  of  their  own  appointment,  in  conjunction  with  the 
president  of  the  United  States,  although  they  are  not  the 
representatives  of  the  people  or  amenable  to  them. 

1  The  Federalist  side  is  presented  in  books  which  should  be  accessible  in 
reference  libraries,  much  more  fully  than  can  possibly  be  reproduced  here. 
Space  is  given  for  only  three  documents  which  indicate  something  of  the 
opposition. 

543 


544  RATIFYING  THE  CONSTITUTION 

These  with  their  other  great  powers  (viz. :  their  power  in  the 
appointment  of  ambassadors  and  all  public  officers ;  in  making 
treaties,  and  in  trying  all  impeachments ;  their  influence  upon 
and  connection  with  the  supreme  Executive  from  these 
causes ;  their  duration  of  office  and  their  being  a  constantly 
existing  body,  almost  continually  sitting;  joined  with  their 
being  one  complete  branch  of  the  legislature)  will  destroy  any 
balance  in  the  government,  and  enable  them  to  accomplish 
what  usurpations  they  please  upon  the  rights  and  liberties 
of  the  people. 

The  Judiciary  of  the  United  States  is  so  constructed  and 
extended,  as  to  absorb  and  destroy  the  judiciaries  of  the 
several  States ;  thereby  rendering  law  as  tedious,  intricate  and 
expensive,  and  justice  as  unattainable,  by  a  great  part  of  the 
community,  as  in  England,  and  enabling  the  rich  to  oppress 
and  ruin  the  poor. 

The  President  of  the  United  States  has  no  Constitutional 
Council,  a  thing  unknown  in  any  safe  and  regular  government. 
He  will  therefore  be  unsupported  by  proper  information  and 
advice,  and  will  generally  be  directed  by  minions  and  favor 
ites  ;  or  he  will  become  a  tool  to  the  Senate  —  or  a  Council 
of  State  will  grow  out  of  the  principal  officers  of  the  great 
departments ;  the  worst  and  most  dangerous  of  all  ingredients 
for  such  a  Council  in  a  free  country.  From  this  fatal  defect 
has  arisen  the  improper  power  of  the  Senate  in  the  appoint 
ment  of  public  officers,  and  the  alarming  dependence  and 
connection  between  that  branch  of  the  legislature  and  the 
supreme  Executive. 

Hence  also  sprung  that  unnecessary  officer  the  Vice-Presi 
dent,  who  for  want  of  other  employment  is  made  president 
of  the  Senate,  thereby  dangerously  blending  the  executive 
and  legislative  powers,  besides  always  giving  to  some  one  of 
the  States  an  unnecessary  and  unjust  preeminence  over  the 
others. 

The  President  of  the  United  States  has  the  unrestrained 
power  of  granting  pardons  for  treason,  which  may  be  some- 


GEORGE    MASON'S  OBJECTIONS  545 

times  exercised  to  screen  from  punishment  those  whom  he 
had  secretly  instigated  to  commit  the  crime,  and  thereby 
prevent  a  discovery  of  his  own  guilt. 

By  declaring  all  treaties  supreme  laws  of  the  land,  the  Ex 
ecutive  and  the  Senate  have,  in  many  cases,  an  exclusive  power 
of  legislation  ;  which  might  have  been  avoided  by  proper  dis 
tinctions  with  respect  to  treaties,  *and  requiring  the  assent  of 
the  House  of  Representatives,  where  it  could  be  done  with 
safety. 

By  requiring  only  a  majority  to  make  all  commercial  and 
navigation  laws,  the  five  Southern  States,  whose  produce  and 
circumstances  are  totally  different  from  that  of  the  eight  North 
ern  and  Eastern  States,  may  be  ruined,  for  such  rigid  and  pre 
mature  regulations  may  be  made  as  will  enable  the  merchants 
of  the  Northern  and  Eastern  States  not  only  to  demand  an  ex- 
horbitant  freight,  but  to  monopolize  the  purchase  of  the  com 
modities  at  their  own  price,  for  many  years,  to  the  great  injury 
of  the  landed  interest,  and  impoverishment  of  the  people  ;  and 
the  danger  is  the  greater  as  the  gain  on  one  side  will  be  in  pro 
portion  to  the  loss  on  the  other.  Whereas  requiring  two- 
thirds  of  the  members  present  in  both  Houses  would  have 
produced  mutual  moderation,  promoted  the  general  interest, 
and  removed  an  insuperable  objection  to  the  adoption  of  this 
government. 

Under  their  own  construction  of  the  general  clause,  at  the  end  of 
the  enumerated  powers,1  the  Congress  may  grant  monopolies  in 
trade  and  commerce,  constitute  new  crimes,  inflict  unusual  and 
severe  punishments,  and  extend  their  powers  as  far  as  they 
shall  think  proper;  so  that  the  State  legislatures  have  no  se 
curity  for  the  powers  now  presumed  to  remain  to  them,  or  the 
people  for  their  rights. 

TJiere  is  no  declaration  of  any  kind,  for  preserving  the  liberty 
of  the  press,  or  the  trial  by  jury  in  civil  causes;  nor  against  the 
danger  of  standing  armies  in  time  of  peace. 

!"  Necessary  and  proper."  Mason  almost  alone  saw  the  possibilities  of 
change  in  this  clause.  Cf.  No.  164  below. 


546  RATIFYING  THE   CONSTITUTION 

The  State  legislatures  are  restrained  from  laying  export 
duties  on  their  own  produce. 

Both  the  general  legislature  and  the  State  legislature  are  ex 
pressly  prohibited  making  ex  post  facto  laws ;  though  there 
never  was  nor  can  be  a  legislature  but  must  and  will  make  such 
laws,  when  necessity  and  the  public  safety  require  them  ;  which 
will  hereafter  be  a  breach  of  "all  the  constitutions  in  the  Union, 
and  afford  precedents  for  other  innovations. 

This  government  will  set  out  a  moderate  aristocracy :  it  is  at 
present  impossible  to  foresee  whether  it  will,  in  its  operation, 
produce  a  monarchy,  or  a  corrupt,  tyrannical  aristocracy;  it 
will  most  probably  vibrate  some  years  between  the  two,  and 
then  terminate  in  the  one  or  the  other. 

The  general  legislature  is  restrained  from  prohibiting  the 
further  importation  of  slaves  for  twenty  odd  years ;  though 
such  importations  render  the  United  States  weaker,  more 
vulnerable,  and  less  capable  of  defence. 

163.  Mason's  Explanation  of  the  Preparation  of  his  "Objections" 
(and  Accusation  of  "Railroading"  through  the  Plan  of  the 
Majority) 

George  Mason  to  Thomas  Jefferson  [in  France] 

Records  of  the  Federal  Convention,  III,  304-305. 

VIRGINIA,  GUNSTON  HALL,  May  26,  1788. 

I  make  no  Doubt  that  You  have  long  ago  received  Copys  of 
the  new  Constitution.  .  .  .  Upon  the  most  mature  considera 
tion  I  was  capable  of,  and  from  Motives  of  sincere  Patriotism, 
I  was  under  the  Necessity  of  refusing  my  Signature,  as  one 
of  the  Virginia  Delegates;  and  drew  up  some  general  Objec 
tions;  which  I  intended  to  offer,  by  way  of  Protest;  but 
was  discouraged  from  doing  so,  by  the  precipitate  and  in 
temperate,  not  to  say  indecent,  Manner,  in  which  the  Business 
was  conducted  during  the  last  week  of  the  Convention, 
after  the  Patrons  of  this  New  Plan  formed  they  had  a 


GEORGE    MASON'S  OBJECTIONS  547 

decided  Majority  in  their  Favour:  which  was  obtained  by  a 
Compromise  between  the  Eastern  and  the  two  Southern  States, 
to  permit  the  latter  to  continue  the  Importation  of  Slaves  for 
twenty  odd  years ;  a  more  favorite  Object  with  them  than  the 
Liberty  and  Happiness  of  the  People. 

164.  An  Unfriendly  Account  of  Hancock's  Support  of  the  Consti 
tution  in  the  Massachusetts  Ratifying  Convention  of  1788 

Writings  ofLaco,  VII,  23  ff .  (a  series  of  ' '  Letters ' '  published  by  Stephen 
Higginson  and  other  Federalists,  in  1789,  to  defeat  Hancock  in  his  candi 
dacy  for  reelection  to  the  governorship).  Higginson  was  a  Boston  mer 
chant,  and  a  leading  Federalist.  The  "plan"  he  refers  to  as  placed  in 
Hancock's  hands,  favored  the  adoption  of  the  Constitution  with  a  list  of 
amendments  to  be  adopted  later  by  the  new  government. 

There  are  men  in  every  free  society,  who  have  not  a  common 
interest  with  the  community  at  large ;  and  who  rely  wholly 
on  the  popular  affection  in  their  favour,  to  give  them  promotion 
and  support  in  publick  life.  .  .  .  Without  abilities  to  make 
them  really  useful  in  publick  life,  and  devoid  of  principles  or 
merits  that  can  command  respect,  they  have  no  dependence 
but  upon  popular  attention  to  bring  them  into  view;  and, 
having  been  long  attentive  to  the  popular  pulse,  and  always 
acquainted  with  the  darling  object  with  the  multitude  for  the 
time,  they  rarely  fail  to  touch  the  right  string,  and  to  make 
the  people  subserve  their  own  selfish  and  private  views  .  .  . 
There  cannot  be  found  within  the  compass  of  our  memory,  an 
instance,  so  strongly  verifying  the  preceding  observation,  as 
that  of  Mr.  H.  and  his  adhering  dependents.  .  .  . 

.  .  .  The  course  of  his  conduct  from  his  reassuming  the 
chair,  to  the  meeting  of  our  State  Convention,  for  considering 
and  adopting  the  new  form  of  government  for  the  Union,  was 
nothing  more  than  a  renewed  exhibition  of  the  same  levities, 
and  a  uniform  preference  of  his  own  private  interest,  to  that 
of  the  public. 

A  scene  now  opens  upon  us,  very  interesting  and  important : 
—  The  objects  which  [were]  then  presented  for  our  considera- 


548  RATIFYING  THE  CONSTITUTION 

tion,  were  so  novel,  and  of  such  magnitude,  as  deservedly 
engrossed  the  feelings  and  the  attention  of  every  man.  No 
one  could  remain  mute  and  indifferent,  while  the  question 
as  to  the  New  Constitution  was  pending;  and  every  one, 
who  felt  no  other  bias  than  a  regard  to  the  safety  and  hap 
piness  of  our  country,  .  .  .  was  most  anxiously  solicitous 
for  its  adoption.  But  the  popular  demagogues,  and  those 
[who]  were  very  much  embarrassed  in  their  affairs,  united  to 
oppose  it  with  all  their  might ;  and  they  laboured  incessantly, 
night  and  day,  to  alarm  the  simple  and  credulous,  by  insinu 
ating,  that,  however  specious  its  appearance,  and  that  of  its 
advocates,  tyranny  and  vassalage  would  result  from  its  prin 
ciples.  The  former  of  those  descriptions  were  conscious,  that 
a  stable  and  efficient  government  would  deprive  them  of  all 
future  importance,  or  support  from  the  publick  ;  and  the  latter 
of  them  knew,  that  nothing  but  weakness  and  convulsions  in 
government  could  screen  them  from  payment  of  their  debts. 
How  far  Mr.  H.  was  influenced  by  either,  or  both  of  those 
motives,  it  is  not  easy  to  determine;  but  no  one,  who  recol 
lects  his  general  habits,  who  knows  his  situation  and  views, 
and  was  acquainted  with  the  open  conversation  and  conduct  of 
his  cabinet  counsellors,  can  have  a  doubt  of  his  being  opposed 
to  it.  We  all  know,  that  Mr.  Quondam,  and  Mr.  Changeling, 
as  well  as  the  once  venerable  old  Patriot  [Samuel  Adams],  who, 
by  a  notable  defection,  has  lately  thrown  himself  into  the 
arms  of  Mr.  H.  in  violation  of  every  principle ;  and  for  the 
paltry  privilege  of  sharing  in  his  smiles,  has,  at  the  eve  of 
life,  cast  an  indelible  stain  over  his  former  reputation — it  is 
well  known,  I  say,  that  these  men  do  not  dare  to  speak  in 
publick  a  language  opposite  to  that  of  their  patron  ;  and  it  is 
equally  notorious,  that  they  were  open  in  their  opposition  to 
the  Constitution  —  They  even  went  so  far  as  to  vilify  its  com 
pilers,  that  they  might  thence  draw  an  argument  to  support 
their  suggestions  of  its  containing  the  seeds  of  latent  tyranny 
and  oppression.  They  endeavoured  by  every  possible  mean  in 
their  power,  to  create  a  popular  clamour  against  the  Constitu- 


A  FEDERALIST  VIEW  549 

tion;  but  they  failed  in  their  attempt;  and  Mr.  H.  and  his 
friends  were  obliged,  upon  their  own  principles  to  grow  more 
cautious  in  their  opposition.  The  good  sense  of  the  Mechanicks 
of  Boston  had  produced  some  manly  and  spirited  resolutions, 
which  effectually  checked  Mr.  H.  and  his  followers  in  their 
opposition  to  the  Constitution ;  and  eventually  occasioned  four 
votes  in  its  favour,  which  otherwise  would  have  been  most 
certainly  against  it.  Had  those  resolutions  not  made  their 
appearance,  Mr.  H.  and  three  others  of  our  Delegates  would 
have  been  in  the  negative ;  but  it  was  thought  necessary  by 
them,  after  they  had  appeared,  to  vote  in  favour  of  it.  Having 
settled  this  point,  the  next  thing  was  to  do  it  with  a  good 
grace,  and  to  profit  as  much  by  it  as  they  could ;  and  Mr.  H. 
accordingly  intimated  to  the  advocates  for  the  adoption,  that 
he  would  appear  in  its  favour,  if  they  would  make  it  worth 
his  while.  This  intimation  was  given  through  a  common 
friend,  who  assured  the  friends  of  the  Constitution,  that 
nothing  more  would  be  required  on  the  part  of  Mr.  H.  than  a 
promise  to  support  him  in  the  chair  at  the  next  election.  This 
promise,  though  a  bitter  pill,  was  agreed  to  be  given ;  for  such 
was  the  state  of  things,  that  they  were  very  much  afraid  to 
decide  upon  the  question,  whilst  he  was  opposed  to  it.  The 
famous  conciliatory  proposition  of  Mr.  H.  as  it  was  called,  was 
then  prepared  by  the  advocates,  and  adopted  by  him ;  but  the 
truth  is,  he  never  was  consulted  about  it,  nor  knew  its  contents, 
before  it  was  handed  to  him  to  bring  forward  in  Convention. 
At  the  appointed  time,  Mr.  H.  with  all  the  parade  of  an 
Arbiter  of  States,  came  out  with  the  motion,  not  only  in  the 
words,  but  the  very  original  paper  that  was  given  him ;  and, 
with  a  confidence  astonishing  to  all  who  were  in  the  secret,  he 
called  it  his  own,  and  said  it  was  the  result  of  his  own  reflec 
tions  on  the  subject,  in  the  short  intervals  of  ease  which  he 
had  enjoyed,  during  a  most  painful  disorder.  In  this  pompous 
and  farcical  manner  did  he  make  that  famous  proposition, 
upon  which  he  and  his  adherents  have  arrogated  so  much  ; 
but  neither  he  nor  they  have  any  other  merit  in  the  case,  than 


550  RATIFYING  THE   CONSTITUTION 

an  attempt  to  deceive  both  parties  can  fairly  entitle  them. 
For,  at  the  very  time  he  was  buoying  up  the  hopes  of  th'e 
advocates,  he  was  assuring  the  opposers  of  the  Constitution, 
by  his  emissaries,  that  he  was  really  adverse  to  it ;  and  upon 
the  strictest  scrutiny  we  cannot  find  that  any  one  vote  was 
gained  by  his  being  ostensibly  in  favour  of  it.  The  votes  of 
the  Old  Patriot,  and  Mr.  Changeling,  and  Mr.  Joyce,  jun.  we 
know  were  determined  in  its  favour  by  the  resolutions  of  the 
Mechanicks ;  but  the  votes  of  many  others,  who  used  implicitly 
to  follow  Mr.  H.  were  in  the  negative,  which  were  counted 
upon  by  the  friends  of  the  Constitution,  as  being  certain  on 
their  side.  This  is  a  strong  confirmation  that  Mr.  H.  was 
then  playing  a  game,  which  these  people  well  understood ; 
and  indeed  they,  some  of  them,  explicitly  declared  it  at  the 
time.  His  subsequent  conduct,  in  regard  to  amendments,  is  a 
clear  proof  also,  that  by  appearing  in  its  favour  in  Convention, 
he  did  not  mean  to  support  it;  and  that  he  was  not  serious 
when  he  declared  his  proposition  to  be  only  conciliatory,  and 
not  to  remedy  any  defects  existing  in  his  mind  in  the  consti 
tution  as  reported,  which  he  explicitly  declared  at  the  time 
was  the  case. 


THE  FEDERAL  CONSTITUTION  551 

166.  The  Federal  Constitution 

Recommended  by  the  Philadelphia  Convention  to  the  States,  Septem 
ber  17,  1787  ;  ratified  by  the  ninth  State,  June  21,  1788  ;  in  effect,  April 
30,  1789  (American  History  and  Government,  §§210,  212).  The  text  is 
that  authorized  by  the  Department  of  State  and  printed  in  the  Revised 
Statutes  (1878),  except  for  the  footnote  references  and  the  brackets  used 
in  a  few  instances  to  inclose  portions  of  the  document  no  longer  effective, 
and  for  the  omission  of  numbers  for  the  paragraphs.  Interpolated  ex 
planatory  matter  is  in  the  same  type  as  this  paragraph,  and  is  placed 
within  marks  of  parenthesis. 

We  the  People l  of  the  United  States,  in  Order  to  form  a  more 
perfect  Union,  establish  Justice,  insure  domestic  Tranquil 
lity,  provide  for  the  common  defence,  promote  the  general 
Welfare,2  and  secure  the  Blessings  of  Liberty  to  ourselves 
and  our  Posterity,  do  ordain  and  establish  this  CONSTITUTION 
for  the  United  States  of  America. 

ARTICLE   I 

SECTION  1.  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  of  Representatives. 

SECTION  2.  The  House  of  Representatives  shall  be  composed 
of  Members  chosen  every  second  Year  by  the  People  of  the 
several  States,  and  the  Electors  in  each  State  shall  have  the 
Qualifications  requisite  for  electors  of  the  most  numerous 
Branch  of  the  State  Legislature.3 

No  Person  shall  be  a  Representative  who  shall  not  have  at 
tained  to  the  Age  of  twenty  five  Years,  and  been  seven  Years 
a  Citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union, 

i  Cf .  American  History  and  Government,  §  211. 
2/6.,  §  204  a. 

8  Modified  by  the  Fifteenth  Amendment ;  and  cf .  American  History  and 
Government,  §  209. 


552  THE   FEDERAL  CONSTITUTION 

according  to  their  respective  numbers  [which  shall  be  deter 
mined  by  adding  to  the  whole  Number  of  free  Persons,  includ 
ing  those  bound  to  Service  for  a  Term  of  Years],  and  exclud 
ing  Indians  not  taxed,  [three  fifths  of  all  other  Persons].1 
The  actual  Enumeration  shall  be  made  within  three  Years 
after  the  first  Meeting  of  the  Congress  of  the  United  States, 
and  within  every  subsequent  Term  of  ten  Years,  in  such  Man 
ner  as  they  shall  by  Law  direct.2  The  number  of  Representa 
tives  shall  not  exceed  one  for  every  thirty  Thousand,3  but  each 
State  shall  have  at  Least  one  Representative ;  [and  until  such 
enumeration  shall  be  made,  the  State  of  New  Hampshire  shall 
be  entitled  to  chuse  three,  Massachusetts  eight,  Rhode-Island 
and  Providence  Plantations  one,  Connecticut  five,  New- York 
six,  New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary 
land  six,  Virginia  ten,  North  Carolina  five,  South  Carolina  five, 
and  Georgia  three] . 

When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs  of 
Election  to  fill  such  Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and 
other  Officers ;  and  shall  have  the  sole  Power  of  Impeachment. 

SECTION  3.  The  Senate  of  the  United  States  shall  be  com 
posed  of  two  Senators  from  each  State,  chosen  [by  the  Legis 
lature  thereof]  ,4  for  six  Years ;  and  each  Senator  shall  have 
one  Vote. 

[Immediately  after  they  shall  be  assembled  in  Consequence 
of  the  first  Election,  they  shall  be  divided  as  equally  as  may 
be  into  three  Classes.  The  Seats  of  the  Senators  of  the  first 
Class  shall  be  vacated  at  the  Expiration  of  the  second  Year,  of 


*The  abolition  of  slavery  has  rendered  obsolete  the  clauses  within  brack 
ets  in  this  paragraph. 

2Cf.  American  History  and  Government,  §  205  b.  The  first  census  was 
taken  in  1790,  the  second  year  of  the  new  government,  and  one  has  been  taken 
in  the  closing  year  of  each  decade  since. 

3  The  First  Congress  made  the  number  33,000.    It  is  now  (1911)  193,284. 

4  Superseded  by  the  Seventeenth  Amendment. 


THE   FEDERAL  CONSTITUTION  553 

the  second  Class  at  the  Expiration  of  the  fourth  Year,  and  of 
the  third  Class  at  the  Expiration  of  the  sixth  Year],  so  that 
one  third  may  be  chosen  every  second  Year ; 1  and  if  Vacancies 
happen  by  Resignation,  or  otherwise,  during  the  Recess  of  the 
Legislature  of  any  State,  the  Executive  thereof  may  make  tem 
porary  Appointments  until  the  next  Meeting  of  the  Legislature, 
which  shall  then  fill  such  Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabit 
ant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  Vote,  unless  they 2  be  equally 
divided. 

The  Senate  shall  chuse  their  other  Officers,  and  also  a  Presi 
dent  pro  tempore,  in  the  Absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  Office  of  President  of  the  United 
States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach 
ments.  When  sitting  for  that  Purpose,  they  shall  be  on  Oath 
or  Affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside :  And  no  Person  shall  be 
convicted  without  the  Concurrence  of  two  thirds  of  the  Mem 
bers  present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  further 
than  to  removal  from  Office,  and  disqualification  to  hold  and 
enjoy  any  Office  of  honor,  Trust,  or  Profit  under  the  United 
States:  but  the  Party  convicted  shall  nevertheless  be  liable 
and  subject  to  Indictment,  Trial,  Judgment,  and  Punishment, 
according  to  Law. 

SECTION  4.  The  Times,  Places,  and  Manner  of  holding  Elec 
tions  for  Senators  and  Representatives  shall  be  prescribed  in 


1  Precedents  for  this  principle  of  "  partial  renewals  "  were  found  in  several 
State  Constitutions. 

2 What  is  the  antecedent? 


554  THE   FEDERAL  CONSTITUTION 

each  State  by  the  Legislature  thereof ;  but  the  Congress  may 
at  any  time  by  Law  make  or  alter  such  Regulations,  except  as 
to  the  Places  of  chusing  Senators.1 

The  Congress  shall  assemble  at  least  once  in  every  Year, 
and  such  Meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  Law  appoint  a  different  Day. 

SECTION  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns,  and  Qualifications  of  its  own  Members,  and  a  Major 
ity  of  each  shall  constitute  a  Quorum  to  do  Business ;  but  a 
smaller  Number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  Attendance  of  absent  Members,  in 
such  Manner,  and  under  such  Penalties  as  each  House  may 
provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the 
Concurrence  of  two  thirds,  expel  a  member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in 
their  Judgment  require  Secrecy ;  and  the  Yeas  and  Nays  of  the 
Members  of  either  House  on  any  question  shall,  at  the  Desire 
of  one  fifth  of  those  Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without 
the  Consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  Place  than  that  in  which  the  two  Houses 
shall  be  sitting. 

SECTION  6.  The  Senators  and  Representatives  shall  receive 
a  Compensation  for  their  Services,  to  be  ascertained  by  Law, 


1  A  law  of  1872  requires  all  Representatives  to  be  chosen  on  "  the  Tuesday 
next  after  the  first  Monday  in  November"  in  each  even-numbered  year;  and 
a  law  of  1871  had  already  ordered  that  all  such  elections  should  be  by  ballot. 
An  Act  of  1866  provided  a  uniform  method  of  electing  Senators :  the  legisla 
tion  of  each  state  (in  which  such  an  election  is  to  be  made)  to  vote  first  in 
separate  Houses,  and,  if  no  one  candidate  received  a  majority  in  each  House, 
then  thereafter  in  joint  session,  taking  at  least  one  ballot  daily  until  some 
candidate  received  a  majority,  or  until  the  legislative  session  came  to  an  end 
without  an  election.  Forty-seven  years  later  (1913),  this  law  was  superseded 
by  the  Seventeenth  Amendment. 


THE   FEDERAL  CONSTITUTION  555 

and  paid  out  of  the  Treasury  of  the  United  States.1  They  shall 
in  all  Cases,  except  Treason,  Felony,  and  Breach  of  the  Peace, 
be  privileged  from  Arrest  during  their  Attendance  of  the  Ses 
sion  of  their  respective  Houses,  and  in  going  to  and  returning 
from  the  same ;  and  for  any  Speech  or  Debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for 
which  he  was  elected,  be  appointed  to  any  civil  Office  under  the 
Authority  of  the  United  States,  which  shall  have  been  created, 
or  the  Emoluments  whereof  shall  have  been  encreased  during 
such  time;  and  no  Person  holding  any  Office  under  the  United 
States,  shall  be  a  Member  of  either  House  during  his  Continu 
ance  in  Office.2 

SECTION  7.  All  Bills  for  raising  Revenue  shall  originate  in 
the  House  of  Representatives;  but  the  Senate  may  propose  or 
concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Representa 
tives  and  the  Senate,  shall,  before  it  become  a  Law,  be  pre 
sented  to  the  President  of  the  United  States ;  If  he  approve  he 
shall  sign  it,  but  if  not  he  shall  return  it,  with  his  Objections, 
to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  Objections  at  large  on  their  Journal,  and  proceed  to 
reconsider  it.  If  after  such  Reconsideration  two  thirds  of  that 
House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together 
with  the  Objections,  to  the  other  House,  by  which  it  shall  like 
wise  be  reconsidered,  and  if  approved  by  two  thirds  of  that 
House,  it  shall  become  a  Law.  But  in  all  such  Cases  the  Votes 
of  both  Houses  shall  be  determined  by  Yeas  and  Nays,  and 
the  Names  of  the  Persons  voting  for  and  against  the  Bill  shall 
be  entered  on  the  Journal  of  each  House  respectively.  If  any 
Bill  shall  not  be  returned  by  the  President  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him, 

1  How  does  this  compare  with  the  rule  of  the  Articles  of  Confederation  ? 

2  This  paragraph,  designed  to  prevent  corruption  by  direct  use  of  the  exec 
utive  patronage,  was  vehemently  opposed  by  Hamilton  and  Gouverneur  Morris. 
See  also  a  similar  clause  in  Articles  of  Confederation. 


556  THE   FEDERAL  CONSTITUTION 

the  Same  shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it, 
unless  the  Congress  by  their  Adjournment  prevent  its  Return, 
in  which  Case  it  shall  not  be  a  Law.1 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence 
of  the  Senate  and  House  of  Representatives  may  be  necessary 
(except  on  a  question  of  Adjournment)  shall  be  presented  to 
the  President  of  the  United  States ;  and  before  the  Same  shall 
take  Effect,  shall  be  approved  by  him,  or  being  disapproved  by 
him,  shall  be  repassed  by  two  thirds  of  the  Senate  and  House 
of  Representatives,  according  to  the  Rules  and  Limitations  pre 
scribed  in  the  Case  of  a  Bill. 


1  The  first  veto  provision  in  a  State  Constitution  (New  York,  1777)  ran  as 
follows :  — 

"  Section  III.  And  whereas  laws  inconsistent  with  the  spirit  of  this  consti 
tution,  or  with  the  public  good,  may  be  hastily  and  unadvisedly  passed :  Be  it 
ordained  that  the  governor  for  the  time  being,  the  chancellor,  and  the  judges 
of  the  supreme  court,  or  any  two  of  them  together  with  the  governor,  shall  be 
and  hereby  are  constituted  a  council  to  revise  all  bills  about  to  be  passed  into 
laws  by  the  legislature.  .  .  .  [Provision  for  veto  procedure  and  reconsidera 
tion  in  language  essentially  the  same  as  in  Massachusetts  provision  given 
below.] 

"And  in  order  to  prevent  unnecessary  delays,  be  it  further  ordained  that 
if  any  bill  shall  not  be  returned  by  the  council  within  ten  days  after  it  shall 
have  been  presented,  the  same  shall  be  a  law,  unless  the  Legislature  shall,  by 
their  adjournment,  render  a  return  of  the  said  bill  within  ten  days  impracti 
cable  ;  in  which  case  the  bill  shall  be  returned  on  the  first  day  of  the  Legisla 
ture  after  the  expiration  of  the  ten  days." 

The  Veto  Provision  in  the  Massachusetts  Constitution  of  1780  ran :  — 

"  Article  II.  No  bill  or  resolve  of  the  senate  or  house  of  representatives 
shall  become  a  law,  and  have  force  as  such,  until  it  shall  have  been  laid  before 
the  governor  for  his  revisal ;  and  if  he,  upon  such  revision,  approve  thereof, 
he  shall  signify  his  approbation  by  signing  the  same.  But  if  he  have  any 
objection  to  the  passing  of  such  bill  or  resolve,  he  shall  return  the  same,  to 
gether  with  his  objections  thereto,  in  writing,  to  the  senate  or  house  of  repre 
sentatives,  in  whatsoever  the  same  shall  have  originated,  who  shall  enter  the 
objections  sent  down  by  the  governor,  at  large,  on  their  records,  and  proceed 
to  reconsider  the  said  bill  or  resolve;  but  if  after  such  reconsideration,  two- 
thirds  of  the  said  senate  or  house  of  representatives  shall,  notwithstanding 
the  objections,  agree  to  pass  the  same,  it  shall,  together  with  the  objections, 
be  sent  to  the  other  branch  of  the  legislature,  when  it  shall  also  be  reconsid 
ered,  and  if  approved  by  two-thirds  of  the  members  present,  shall  have  the 
force  of  law ;  but  in  all  such  cases,  the  vote  of  both  houses  shall  be  determined 


THE   FEDERAL  CONSTITUTION  557 

SECTION  8.  The  Congress  shall  have  Power  To  lay  and  collect 
Taxes,  Duties,  Imposts,  and  Excises,  to  pay  the  Debts  and  pro 
vide  for  the  common  Defence  and  general  Welfare  of  the  United 
States ; l  but  all  Duties,  Imposts,  and  Excises  shall  be  uniform 
throughout  the  United  States ; 

To  borrow  Money  on  the  Credit  of  the  United  States ; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the 
several  States,  and  with  the  Indian  Tribes ; 

To    establish    an    uniform    Rule    of    Naturalization,2    and 


by  yeas  and  nays ;  and  the  names  of  the  persons  voting  for  or  against  the  said 
bill  or  resolve  shall  be  entered  upon  the  public  records  of  the  Commonwealth. 

"  And  in  order  to  prevent  unnecessary  delays,  if  any  bill  or  resolve  shall  not 
be  returned  by  the  governor  within  five  days  after  it  shall  have  been  presented, 
the  same  shall  have  the  force  of  law." 

The  Virginia  Plan  recommended  essentially  the  New  York  method.  The 
Massachusetts  delegates  at  Philadelphia,  however,  contended  strenuously  for 
the  plan  in  use  in  their  State,  and  finally  carried  their  point.  The  "pocket- 
veto  "  clause  (the  last  provision  of  the  text  above)  was  original  in  the  Federal 
Constitution. 

1  Observe  punctuation  and  paragraphing ;  and  see  for  comment  American 
History  and  Government,  §  204  a. 

2  Citizenship,  in  practice,  comes  by  birth  or  by  admission  by  a  court  of 
record  under  authority  of  a  law  of  Congress.    Two  classes  of  people  are  citi 
zens  by  birth :  (1)  according  to  the  Fourteenth  Amendment,  all  who  are  born 
within  the  limits  of  the  United  States  (except  children  of  official  representa 
tives  of  foreign  states,  of  a  foreign  army  occupying  part  of  our  territory) ; 
(2)  according  to  a  law  of  Congress,  all  who  are  born  of  parents  who  are  Amer 
ican  citizens  but  who  were  temporarily  residing  abroad.     No  one  not  included 
in  one  of  the  above  classes  can  become  a  citizen  except  by  (1)  a  special  Act 
of  Congress,  or  (2)  by  admission  by  a  court  of  record  under  authority  of  the 
general  law  passed  by  Congress.    That  law  has  varied  from  time  to  time  (cf. 
index,  for  some  of  the  more  important  variations) ;  but  the  usual  period  of 
residence  required  for  an  alien,  previous  to  admission,  has  been  five  years, — 
which  is  also  the  present  requirement  (1913).    The  present  law  (passed  in  1906) 
requires  also  a  two  years'  previous  "  notice  of  intention,"  and  excludes  all 
who  cannot  "  speak  "  English  (unless  homesteaders),  all  polygamists,  and  all 
who  disbelieve  in  "  organized  government."    Some  States,  however,  permit 
aliens  to  vote  after  receiving  their  "first  papers,"— i.e.,  after  making  the 
preliminary  "declaration  of  intention,"  before  a  clerk  of  court.    The  final 
admission  rests  with  a  judge,  —  who  may  make  his  examination  of  the  appli 
cant  rigid  or  a  mere  matter  of  form.    The  power  has  been  sometimes  abused 
for  political  purposes,  both  in  excluding  and  in  admitting  unfit  aliens. 


558  THE   FEDERAL  CONSTITUTION 

uniform  Laws  on  the  subject  of  Bankruptcies  throughout 
the  United  States ; 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures ; 

To  provide  for  the  Punishment  of  counterfeiting  the  Secu 
rities  and  current  Coin  of  the  United  States ; 

To  establish  Post  Offices  and  post  Roads ; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by 
securing  for  limited  Times  to  Authors  and  Inventors  the  ex 
clusive  Right  to  their  respective  Writings  and  Discoveries ; 

To  constitute  Tribunals  inferior  to  the  supreme  Court ; 

To  define  and  punish  Piracies  and  Felonies  committed  on 
the  high  Seas,  and  Offences  against  the  Law  of  Nations  ; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures  on  Land  and  Water ; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money 
to  that  Use  shall  be  for  a  longer  Term  than  two  Years ; 

To  provide  and  maintain  a  Navy ; 

To  make  Rules  for  the  Government  and  Regulation  of  the 
land  and  naval  Forces ; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  rebel  Invasions ; 

To  provide  for  organizing,  arming,  and  disciplining,  the 
Militia,  and  for  governing  such  Part  of  them  as  may  be  employed 
in  the  Service  of  the  United  States,  reserving  to  the  States 
respectively,  the  Appointment  of  the  Officers,  and  the  Authority 
of  training  the  Militia  according  to  the  discipline  prescribed 
by  Congress ; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
over  such  District  (not  exceeding  ten  Miles  square)  as  may,  by 
Cession  of  particular  States,  and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the  United  States,  and 
to  exercise  like  Authority  over  all  Places  purchased  by  the 
Consent  of  the  Legislature  of  the  State  in  which  the  same 
shall  be,  for  the  Erection  of  Forts,  Magazines,  Arsenals,  dock- 
Yards,  and  other  needful  Buildings ;  —  And 


THE   FEDERAL  CONSTITUTION  559 

To  make  all  Laws  which  shall  be  necessary  and  proper l  for 
carrying  into  Execution  the  foregoing  Powers,  and  all  other 
Powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer  thereof. 

SECTION  9.  [The  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior  to  the  Year  one 
thousand  eight  hundred  and  eight,  but  a  Tax  or  duty  may  be 
imposed  on  such  Importation,  not  exceeding  ten  dollars  for 
each  Person.] 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when  in  Cases  of  Rebellion  or  Invasion  the 
public  Safety  may  require  it. 

No  Bill  of 'Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct,2  Tax  shall  be  laid,  unless  in 
Proportion  to  the  Census  or  Enumeration  herein  before  di 
rected  to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any 
State. 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce 
or  Revenue  to  the  Ports  of  one  State  over  those  of  another : 
nor  shall  Vessels  bound  to,  or  from,  one  State,  be  obliged  to 
enter,  clear,  or  pay  Duties  in  another.3 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Conse 
quence  of  Appropriations  made  by  Law ;  and  a  regular  State 
ment  and  Account  of  the  Receipts  and  Expenditures  of  all 
public  Money  shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States : 
And  no  Person  holding  any  Office  of  Profit  or  Trust  under 
them,  shall,  without  the  Consent  of  the  Congress,  accept  of  any 

*For  comment  and  reference,  see  American  History  and  Government, 
§§  204  6,  222,  280  6.  Cf.  also  with  enumeration  of  powers  in  Articles  of 
Confederation. 

2  Modified,  so  far  as  "  direct "  income  taxes  are  concerned,  by  the  Sixteenth 
Amendment. 

8  With  what  clause  in  Section  8  might  this  paragraph  have  been  combined  ? 


560  THE   FEDERAL  CONSTITUTION 

present,  Emolument,  Office,  or  Title,  of  any  kind  whatever, 
from  any  King,  Prince,  or  foreign  State. 

SECTION  10.  No  State  shall  enter  into  any  Treaty,  Alliance, 
or  Confederation  ;  grant  Letters  of  Marque  and  Reprisal ;  coin 
Money ;  emit  Bills  of  Credit ;  make  any  Thing  but  gold  and 
silver  Coin  a  Tender  in  Payment  of  Debts ;  pass  any  Bill  of 
Attainder,  ex  post  facto  Law,  or  Law  impairing  the  Obligation 
of  Contracts,  or  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  Laws:  and 
the  net  Produce  of  all  Duties  and  Imposts,  laid  by  any  State 
on  Imports  or  Exports,  shall  be  for  the  Use  of  the  Treasury  of 
the  United  States ;  and  all  such  Laws  shall  be  subject  to  the 
Revision  and  Controul  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in  War,  unless 
actually  invaded,  or  in  such  imminent  Danger  as  will  not 
admit  of  delay.1 

(Exercise  on  Article  One.  —  Are  the  names  in  Section  1  new  in  American 
history  ?  Can  Congress  constitutionally  provide  for  woman  suffrage  by 
law  ?  If  a  Senator  from  your  State  were  to  die  to-morrow,  how  would  his 
place  be  filled  ?  Would  it  have  been  filled  differently,  if  it  had  happened 
at  any  other  time  during  the  year  ?  How  long  would  the  new  Senator  keep 
his  seat?  (The  same  questions  as  to  a  Representative.)  How  many 
Representatives  has  your  State  ?  When  did  it  last  gain  or  lose  one  ? 
How  many  has  the  largest  State  in  the  Union  (cf.  World  Almanac)  ? 
How  many  has  the  smallest  State  ?  Do  you  need  a  World  Almanac  to 
answer  the  last  question  ?  Under  what  possible  conditions  can  the  pre 
siding  officer  of  the  Senate  vote  even  when  there  is  no  tie  ?  With  what 
provision  in  Section  9  is  the  last  paragraph  of  Section  3  logically  connected  ? 


1  Additional  prohibitions  upon  the  States  are  contained  in  the  Thirteenth, 
Fourteenth,  and  Fifteenth  Amendments,  just  as  certain  additional  prohibitions 
upon  Congress  are  contained  in  Amendments  1-8.  Compare  with  Section  10 
the  summary  of  prohibitions  upon  the  State  in  the  Articles  of  Confederation. 


THE  FEDERAL  CONSTITUTION  561 

If  a  Representative  utters  plain  treason  on  the  floor  of  the  House,  can  he 
be  punished?  How?  Commit  to  memory  Section  8.  Make  two  questions 
upon  naturalization  and  citizenship,  based  upon  the  note  on  page  556. 
Write  appropriate  headings  for  each  section;  e.g.,  for  Section  8,  u  Powers 
of  Congress.'1) 

ARTICLE   II 

SECTION  1.  The  executive  Power  shall  be  vested  in  a  Presi 
dent  of  the  United  States  of  America.  He  shall  hold  his 
Office  during  the  Term  of  four  Years,  and,  together  with  the 
Vice  President,  chosen  for  the  same  Term,  be  elected,  as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number  of  Electors,  equal  to  the  whole 
Number  of  Senators  and  Representatives  to  which  the  State 
may  be  entitled  in  the  Congress :  but  no  Senator  or  Represen 
tative,  or  Person  holding  an  Office  of  Trust  or  Profit  under 
the  United  States,  shall  be  appointed  an  Elector. 

[The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be 
an  Inhabitant  of  the  same  State  with  themselves.  And  they 
shall  make  a  List  of  all  the  Persons  voted  for,  and  of  the  Num 
ber  of  Votes  for  each ;  which  List  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  Seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  Senate  shall,  in  the  Presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  Certificates,  and 
the  Votes  shall  then  be  counted.  The  Person  having  the 
greatest  Number  of  Votes  shall  be  the  President,  if  such  Num 
ber  be  a  Majority  of  the  whole  Number  of  Electors  appointed ; 
and  if  there  be  more  than  one  who  have  such  Majority,  and 
have  an  equal  Number  of  Votes,  then  the  House  of  Representa 
tives  shall  immediately  chuse  by  Ballot  one  of  them  for  Presi 
dent;  and  if  no  Person  have  a  Majority,  then  from  the  five 
highest  on  the  List  the  said  House  shall  in  like  Manner  chuse 
the  President.  But  in  chusing  the  President,  the  Votes  shall  be 
taken  by  States,  the  Representation  from  each  State  having 
one  Vote  ;  A  quorum  for  this  Purpose  shall  consist  of  a  Member 


562  THE  FEDERAL  CONSTITUTION 

or  Members  from  two  thirds  of  the  States,  and  a  Majority  of 
all  the  States  shall  be  necessary  to  a  Choice.  In  every  Case, 
after  the  Choice  of  the  President,  the  Person  having  the  great 
est  Number  of  Votes  of  the  Electors  shall  be  the  Vice  President. 
But  if  there  should  remain  two  or  more  who  have  equal  Votes, 
the  Senate  shall  chuse  from  them  by  Ballot  the  Vice  Presi 
dent.]  l 

The  Congress  may  determine  the  Time  of  chusing  the  Elec 
tors,  and  the  Day  on  which  they  shall  give  their  Votes;  which 
Day  shall  be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of  the 
United  States,  at  the  time  of  the  Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Office  of  President;  neither  shall  any 
Person  be  eligible  to  that  Office  who  shall  not  have  attained  to 
the  Age  of  thirty  five  Years,  and  been  fourteen  Years  a  Resi 
dent  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or  of 
his  Death,  Resignation,  or  Inability  to  discharge  the  Powers 
and  Duties  of  the  said  Office,  the  Same  shall  devolve  on  the 
Vice  President,  and  the  Congress  may  by  Law  provide  for  the 
Case  of  Removal,  Death,  Resignation,  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly,  until 
the  Disability  be  removed,  or  a  President  shall  be  elected.2 

The  President  shall,  at  stated  Times,  receive  for  his  Services, 


1  Superseded  by  Twelfth  Amendment,  which  might  have  been  substituted 
for  this  paragraph  in  the  body  of  the  document. 

2  In  1792,  Congress  provided  that  the  president  pro  tern  of  the  Senate  should 
be  next  in  succession,  and  after  him  the  Speaker  of  the  House.    Ih  1886  (Jan. 
19),  this  undesirable  law  was  supplanted  by  a  new  one,  placing  the  succession 
(after  the  Vice  President)  in  the  following  order :  Secretary  of  State,  Secretary 
of  the  Treasury,  Secretary  of  War,  Attorney-General,  Postmaster-General, 
Secretary  of  the  Navy,  Secretary  of  the  Interior.    Cannot  the  student  see  on 
what  ground  these  officers  are  named  in  this  order?    Cf.  American  History 
and  Government,  §  215  and  note.    This  provides  securely  against  any  interreg 
num,  and  (what  is  almost  as  important)  against  a  transfer  by  accident  to  an 
opposite  political  party. 


THE   FEDERAL  CONSTITUTION  563 

a  Compensation,  which  shall  neither  be  encreased  nor  dimin 
ished  during  the  Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any  other  Emolu 
ment  from  the  United  States,  or  any  of  them.1 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take 
the  following  Oath  or  Affirmation:  — 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  exe 
cute  the  Office  of  President  of  the  United  States,  and  will  to 
the  best  of  my  Ability,  preserve,  protect,  and  defend  the  Con 
stitution  of  the  United  States." 

SECTIOX  2.  The  President  shall  be  Commander  in  Chief  of 
the  Army  and  Navy  of  the  United  States,  and  of  the  Militia  of 
the  several  States,  when  called  into  the  actual  Service  of  the 
United  States ;  he  may  require  the  Opinion,  in  writing,  of  the 
principal  Officer  in  each  of  the  executive  Departments,  upon 
any  Subject  relating  to  the  Duties  of  their  respective  Offices,2 
and  he  shall  have  Power  to  grant  Reprieves  and  Pardons  for 
Offences  against  the  United  States,  except  in  Cases  of  Impeach 
ment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent 
of  the  Senate,  to  make  Treaties,  provided  two  thirds  of  the  Sen 
ators  present  concur;  and  he  shall  nominate,  and  by  and  with 
the  Advice  and  Consent  of  the  Senate,3  shall  appoint  Ambassa 
dors,  other  public  Ministers  and  Consuls,  Judges  of  the  supreme 
Court,  and  all  other  Officers  of  the  United  States,  whose 
Appointments  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  Law:  but  the  Congress  may  by  Law 

1  What  is  the  antecedent  of  "  them  "  ?    The  salary  of  George  Washington 
was  fixed  by  the  First  Congress  at  $25,000.    This  amount  remained  unchanged 
until  1871,  when  it  was  made  $50,000.    In  1909,  the  salary  was  raised  to 
$75,000.    Large  allowances  are  made  also,  in  these  latter  days,  for  expenses  of 
various  sorts,  —  one  item  of  $25,000  for  instance,  for  traveling  expenses, — 
which  is  the  reason  the  salary  is  commonly  referred  to  as  $100,000. 

2  For  the  development  of  the  "Cabinet,"  cf.  American  History  and  Govern 
ment,  §215. 

8/6.,  §  214,  for  different  views,  at  the  beginning  of  the  government,  as  to 
this  clause,  and  for  the  settlement  in  practice. 


564  THE  FEDERAL  CONSTITUTION 

vest  the  Appointment  of  such  inferior  Officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the 
Heads  of  Departments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting  Com 
missions  which  shall  expire  at  the  End  of  their  next  Session. 

SECTION  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to  their 
Consideration  such  Measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  Occasions,  convene  both 
Houses,  or  either  of  them,  and  in  Case  of  Disagreement  between 
them,  with  Respect  to  the  Time  of  Adjournment,  he  may  ad 
journ  them  to  such  Time  as  he  shall  think  proper;  he  shall 
receive  Ambassadors  and  other  public  Ministers ;  he  shall  take 
Care  that  the  Laws  be  faithfully  executed,  and  shall  Commis 
sion  all  the  Officers  of  the  United  States. 

SECTION  4.  The  President,  Vice  President,  and  all  civil 
Officers  of  the  United  States  shall  be  removed  from  office  on 
Impeachment  for,  and  conviction  of,  Treason,  Bribery,  or  other 
high  Crimes  and  Misdemeanours. 

ARTICLE   III 

SECTION  1.  The  judicial  Power  of  the  United  States,  shall 
be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts  as 
the  Congress  may  from  time  to  time  ordain  and  establish. 
The  Judges,  both  of  the  supreme  and  inferior  Courts,  shall 
hold  their  Offices  during  good  Behavior,  and  shall,  at  stated 
Times,  receive  for  their  Services,  a  Compensation,  which  shall 
not  be  diminished  during  their  Continuance  in  Office. 

SECTION  2.  The  judicial  Power  shall  extend  to  all  Cases,  in 
Law  and  Equity,  arising  under  this  Constitution,  the  Laws  of 
the  United  States,  and  Treaties  made,  or  which  shall  be  made, 
under  their  Authority  ;  —  to  all  Cases  affecting  Ambassadors, 
other  public  Ministers  and  Consuls  ;  — to  all  Cases  of  admiralty 
and  maritime  Jurisdiction ;  —  to  Controversies  to  which  the 
United  States  shall  be  a  Party ;  —  to  Controversies  between 


THE  FEDERAL  CONSTITUTION  565 

two  or  more  States ;  —  between  a  State  and  Citizens  or  another 
State ; 1  —  between  Citizens  of  different  States,  —  between  Citi 
zens  of  the  same  State  claiming  lands  under  Grants  of  different 
States,  —  and  between  a  State,  or  the  Citizens  thereof,  and 
foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers 
and  Consuls,  and  those  in  which  a  State  shall  be  Party,  the 
supreme  Court  shall  have  original  Jurisdiction.  In  all  the 
other  Cases  before  mentioned,  the  supreme  Court  shall  have 
appellate  Jurisdiction,  both  as  to  Law  and  Fact,  with  such  Ex 
ceptions,  and  under  such  Regulations  as  the  Congress  shall 
make. 

The  trial  of  all  Crimes,  except  in  Cases  of  Impeachment, 
shall  be  by  Jury ;  and  such  Trial  shall  be  held  in  the  State 
where  the  said  Crimes  shall  have  been  committed ;  but  when 
not  committed  within  any  State,  the  Trial  shall  be  at  such 
Place  or  Places  as  the  Congress  may  by  Law  have  directed. 

SECTION  3.  Treason  against  the  United  States,  shall  consist 
only  in  levying  War  against  them,  or  in  adhering  to  their 
Enemies,  giving  them  Aid  and  Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on  the  Testimony  of  two  Wit 
nesses  to  the  same  overt  Act,  or  on  Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment 
of  Treason,  but  no  attainder  of  Treason  shall  work  Corruption 
of  Blood,  or  Forfeiture  except  during  the  Life  of  the  Person 
attainted.2 

(On  the  appellate  jurisdiction,  cf.  American  History  and  Government, 
§§  207  a  and  217.  Section  25  of  the  Judiciary  Act  of  1789,  still  in  force, 
defines  that  jurisdiction  as  follows : 

"  And  be  it  further  enacted,  That  a  final  judgment  or  decree  in  any 
suit,  in  the  highest  court  of  law  or  equity  of  a  State  in  which  a  decision 


1  Limited  by  the  Eleventh  Amendment  to  cases  begun  by  a  State  as  plaintiff. 
Cf.  American  History  and  Government,  §  218. 

2  The  last  three  paragraphs  of  this  section  might  have  been  included  ad 
vantageously  in  a  "  bill  of  rights."    What  preceding  paragraphs  might  have 
been  so  disposed  of  ? 


566  THE   FEDERAL  CONSTITUTION 

in  the  suit  could  be  had,  when  is  drawn  in  question  the  validity  of  a 
treaty  or  statute  of,  or  an  authority  exercised  under,  the  United  States, 
and  the  decision  is  against  their  validity;  or  when  is  drawn  in  question 
the  validity  of  a  statute  of,  or  an  authority  exercised  under,  any  State,  on 
the  ground  of  their  being  repugnant  to  the  Constitution,  treaties,  or  laws 
of  the  United  States,  and  the  decision  is  in  favor  of  such  their  validity  ; 
or  when  is  drawn  in  question  the  construction  of  any  clause  of  the  Con 
stitution,  or  of  a  treaty,  or  statute  of,  or  commission  held  under,  the 
United  States,  and  the  decision  is  against  the  title,  right,  privilege,  or 
exemption,  especially  set  up  or  claimed  .  .  .  under  such  clause  of  the 
said  Constitution,  treaty,  statute,  or  commission,  may  be  re-examined, 
and  revised  or  affirmed  in  the  Supreme  Court  of  the  United  States  upon 
a  writ  of  error  ..." 

On  the  establishment  of  "inferior  courts,"  cf.  American  History  and 
Government,  §  217.  Such  courts  at  present  (1913)  are  from  the  bottom 
up:  — 

1.  District  Courts.     Over  ninety  in  1911 ;  the  law  of  1789  provided  for 
thirteen. 

2.  Circuit  Courts.      Nine,  each  three  justices.      The  first  law,  1789, 
provided  three  circuit  courts,  but  no  special  circuit  judges ;  a  circuit  court 
then  consisted  of  a  justice  of  the  Supreme  Court  "  or  circuit  "  and  one  or 
more  judges  of  district  courts  included  within  the  circuit.     This  remained 
the  rule  with  a  brief  attempt  at  change  in  1801,  as  described  in  §  240,  until 
1866,  when  separate  circuit  justices  were  provided. 

3.  Circuit  Courts  of  Appeals.     One  for  each  of  the  nine  circuits,  com 
posed  of  a  justice  of  the  Supreme  Court  and  of  other  Federal  judges  — 
not  less  than  three  in  all,  and  not  including  any  justice  from  whose  deci 
sion  the  appeal  is  taken.     This  order  of  courts  was  instituted  in  1891,  to 
relieve  the  Supreme  Court  which  was  then  hopelessly  overburdened  with 
appeals  from  lower  courts.    In  most  cases,  now,  the  decision  of  the  circuit 
court  of  appeals  is  final. 

4.  The   Supreme  Court.      One  Chief   Justice    and    eight    Associate 
Justices.     Its  business  now  is  confined  very  largely  to  those  supremely 
important  matters  specified  in  the  Constitution  and  in  the  law  of  1789 
quoted  above. 

There  are  also  three  special  courts,  somewhat  outside  this  system  :  (1) 
the  Federal  Court  of  Claims,  to  determine  money  claims  against  the 
United  States,  established  in  1855;  (2)  Court  of  Customs  Appeals, 
established  in  1909 ;  and  (3)  the  Commerce  Court,  created  in  1910,  to 
revise  the  work  of  the  Interstate  Commerce  Commission. ) 


THE  FEDERAL  CONSTITUTION  567 

ARTICLE  IV 

SECTION  1.  Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Records,  and  judicial  Proceeding  of 
every  other  State.  And  the  Congress  may  by  general  Laws 
prescribe  the  Manner  in  which  such  Acts,  Records  and  Pro 
ceedings  shall  be  proved,  and  the  Effect  thereof. 

SECTION  2.  The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  immunities  of  Citizens  in  the  several  States.1 

A  Person  charged  in  any  State  with  Treason,  Felony,  or 
other  Crime,  who  shall  flee  from  Justice,  and  be  found  in  an 
other  State,  shall  on  Demand  of  the  executive  Authority  of  the 
State  from  which  he  fled,  be  delivered  up,  to  be  removed  to 
the  State  having  Jurisdiction  of  the  Crime. 

[No  Person  held  to  Service  or  Labour  in  one  State,  under 
the  Laws  thereof,  escaping  into  another,  shall,  in  Consequence 
of  any  Law  or  Regulation  therein,  be  discharged  from  such 
Service  or  Labour,  but  shall  be  delivered  up  on  claim  of  the 
Party  to  whom  such  Service  or  Labour  may  be  due.]2 

SECTION  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State ;  nor  any  State  be 
formed  by  the  Junction  of  two  or  more  States,  or  Parts  of 
States,  without  the  consent  of  the  Legislatures  of  the  States 
concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all 
needful  Rules  and  Regulations  respecting  the  Territory  or 
other  Property  belonging  to 3  the  United  States ;  and  nothing 
in  this  Constitution  shall  be  so  construed  as  to  Prejudice  any 
Claims  of  the  United  States,  or  of  any  particular  State. 

SECTION  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government,  and 


1  Extended  by  Fourteenth  Amendment. 

2  Superseded  by  Thirteenth  Amendment  so  far  as  it  relates  to  slaves. 

8  On  the  significance  of  this  language  as  to  Territory,  cf.  American  History 
and  Government,  §  260  c. 


568  THE  FEDERAL  CONSTITUTION 

shall  protect  each  of  them  against  Invasion ;  and  on  Applica 
tion  of  the  Legislature,  or  of  the  Executive  (when  the  Legisla 
ture  cannot  be  convened)  against  domestic  Violence. 


ARTICLE   V1 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Consti 
tution,  or,  on  the  Application  of  the  Legislatures  of  two  thirds 
of  the  several  States,  shall  call  a  Convention  for  proposing 
Amendments,  which,  in  either  Case,  shall  be  valid  to  all  In 
tents  and  Purposes,  as  Part  of  this  Constitution,  when  ratified 
by  the  Legislatures  of  three  fourths  of  the  several  States,  or  by 
Conventions  in  three  fourths  thereof,  as  the  one  or  the  other 
Mode  of  Ratification  may  be  proposed  by  the  Congress ;  Pro 
vided  [that  no  Amendment  which  may  be  made  prior  to  the 
Year  One  thousand  eight  hundred  and  eight  shall  in  any  Man 
ner  affect  the  first  and  fourth  Clauses  in  the  Ninth  Section  of 
the  first  Article ;  and]  that  no  State,  without  its  Consent,  shall 
be  deprived  of  its  equal  Suffrage  in  the  Senate. 

ARTICLE   VI 

All  Debts  contracted  and  Engagements  entered  into,  before 
the  Adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confedera 
tion. 

This  Constitution,  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof;  and  all  Treaties  made, 
or  which  shall  be  made,  under  the  Authority  of  the  United 
States,  shall  be  the  supreme  Law  of  the  Land ;  and  the  Judges 


1  Article  V,  as  far  as  to  the  brackets,  should  be  committed  to  memory. 
Note  the  four  varieties  of  amendment  provided.  Only  one  has  ever  been 
used  (1913).  Congress  has  always  proposed,  and  State  legislatures  ratified. 
On  the  amending  clause  in  general,  cf .  index  to  American  History  and  Gov 
ernment. 


THE  FEDERAL  CONSTITUTION  569 

in  every  State  shall  be  bound  thereby,  any  Thing  in  the  Con 
stitution  or  Laws  of  any  State  to  the  Contrary  notwithstanding.1 
The  Senators  and  Representatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive 
and  judicial  Officers,  both  of  the  United  States  and  of  the 
several  States,  shall  be  bound  by  Oath  or  Affirmation,  to  sup 
port  this  Constitution;  but  no  religious  Test  shall  ever  be 
required  as  a  Qualification  to  any  Office  or  public  Trust  under 

the  United  States. 

ARTICLE   VII 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment  of  this  Constitution  between 
the  States  so  ratifying  the  Same. 

(Exercise.  —  Write  headings  for  each  Article  in  the  Constitution.  Re 
state  Sections  1  and  2  of  Article  IV  in  form  appropriate  for  insertion 
in  Section  10  of  Article  I.  Cf.  with  corresponding  provisions  in  the 
Articles  of  Confederation  and  in  the  Constitution  of  the  New  England 
Confederation.  Can  you  restate  Sections  3  and  4  so  as  to  fit  them  for 
insertion  under  any  preceding  Article  ?  Observe  that  Articles  I,  II,  III, 
and  V  give  the  framework.  Article  VII,  highly  important  at  the  time, 
had  but  temporary  significance.) 

AMENDMENTS 


Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  J^iereof  ;  or  abridging 
the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  Government 
for  a  redress  of  grievances. 

C«] 

A  well  regulated  Militia,  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  Arms, 
shall  not  be  infringed. 

lOn  the  history  of  this  clause,  cf.  §  207  a. 

2  Originally,  the  first  twelve  amendments  were  not  numbered  in  the  official 
manuscripts. 


570  THE  FEDERAL  CONSTITUTION 

[iii] 

No  Soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  Law. 

[iv] 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  Warrants  shall  issue,  but  upon 
probable  cause,  supported  by  Oath  or  affirmation,  and  partic 
ularly  describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 


No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  Grand  Jury  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  Militia,  when  in  actual  service  in  time  of  war 
or  public  danger;  nor  shall  any  person  be  subject  for  the 
same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor 
shall  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law;  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation. 

[vi] 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law, 
and  to  be  informed  of  the  nature  and  cause  of  the  accusation  ; 
to  be  confronted  with  the  witnesses  against  him  ;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor,  and 
to  have  the  Assistance  of  Counsel  for  his  defence. 


THE   FEDERAL  CONSTITUTION  571 

[vii] 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re- 
examined  in  any  Court  of  the  United  States,  than  according  to 
the  rules  of  the  common  law. 

[viii] 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

[ix] 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

[X]' 

The  powers  not  delegated  to  the  United  States  by  the  Consti 
tution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively  or  to  the  people. 


The  Judicial  power  of  the  United  States  shall  not  be  con 
strued  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  Citizens  of 
another  State,  or  by  Citizens  or  Subjects  of  any  Foreign  State. 

[xii]' 

The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at 

1  These  first  ten  amendments  were  in  force  after  November  3,  1791.    Cf  . 
comment  in   American  History  and  Government,  §  216.    They  are  usually 
referred  to  as  the  Bill  of  Rights.    It  is  a  suggestive  exercise  to  rewrite  the 
"  bill  of  rights,"  incorporating  all  those  features  of  that  character  which  are 
included  in  the  body  of  the  Constitution. 

2  Proclaimed  to  be  in  force  January  8,  1798.    For  the  history,  cf.  Ib.,  §  217. 
«  Proclaimed  in  force  September  25,  1804.    Cf.  Ib.,  §  241. 


572  THE  FEDERAL  CONSTITUTION 

least,  shall  not  be  an  inhabitant  of  the  same  State  with  them 
selves;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice 
President,  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as  Vice 
President,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  President  of 
the  Senate;  —  The  President  of  the  Senate  shall,  in  the  pres 
ence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates  and  the  votes  shall  then  be  counted ;  —  The  person 
having  the  greatest  number  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers  not  exceeding 
three  on  the  list  of  those  voted  for  as  President,  the  House  of 
Representatives  shall  choose  immediately,  by  ballot,  the  Presi 
dent.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote ; 
a  quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two-thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of  Represen 
tatives  shall  not  choose  a  President  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice  President  shall  act  as  President,  as  in 
the  case  of  the  death  or  other  constitutional  disability  of  the 
President.  — The  person  having  the  greatest  number  of  votes 
as  Vice  President,  shall  be  the  Vice  President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed,  and 
if  no  person  have  a  majority,  then  from  the  two  highest  num 
bers  on  the  list,  the  Senate  shall  choose  the  Vice  President;  a 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice.  But  no  person  constitutionally  ineli 
gible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice 
President  of  the  United  States. 


THE  FEDERAL  CONSTITUTION  573 

[xiii]  1 

SECTION  1.  Neither  slavery  nor  involuntary  servitude,  ex 
cept  as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted,  shall  exist  within  the  United  States,  or 
any  place  subject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

[xiv] 2 

SECTION  1.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States:  nor 
shall  any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

SECTION  2.  Representatives  shall  be  apportioned  among 
the  several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  exclud 
ing  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice 
President  of  the  United  States,  Representatives  in  Congress, 
the  Executive  and  Judicial  offices  of  a  State,  or  the  members 
of  the  Legislature  thereof,  is  denied  to  any  of  the  male  inhabit 
ants  of  such  State,  being  twenty  one  years  of  age,  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for  partici 
pation  in  rebellion,  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the  number 
of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty  one  years  of  age  in  such  State. 

SECTION  3.  No  person  shall  be  a  Senator  or  Representative 
in  Congress,  or  elector  of  President  and  Vice  President,  or 

1  Proclaimed  in  force   December  18,  1865.    On  Amendments  Thirteen  to 
Fifteen  inclusive,  cf.  Ib.,  §§377,  385  ff. 

2  Proclaimed  in  force  July  28,  1868. 


574  THE  FEDERAL  CONSTITUTION 

hold  any  office,  civil  or  military,  under  the  United  States,  or 
under  any  State,  who,  having  previously  taken  an  oath,  as  a 
member  of  Congress,  or  as  an  officer  of  the  United  States,  or 
as  a  member  of  any  State  legislature,  or  as  an  executive  or 
judicial  officer  of  any  State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  enemies  there 
of.  But  Congress  may  by  a  vote  of  two-thirds  of  each  House, 
remove  such  disability. 

SECTION  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for  pay 
ment  of  pensions  and  bounties  for  services  in  suppressing 
insurrection  or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against 
the  United  States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave  ;  but  all  such  debts,  obligations  and  claims  shall  be 
held  illegal  and  void. 

SECTION  5.  The  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 

[XV]' 

SECTION  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by  any 
State  on  account  of  race,  color,  or  previous  condition  of  servi 
tude. 

SECTION  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


The  Congress  shall  have  power  to  lay  and  collect  taxes  on 
incomes,  from  whatever  source  derived,  without  apportionment 
among  the  States,  and  without  regard  to  any  census  or  enumera 
tion. 

1  Proclaimed  in  force  March  30,  1870. 

2  Ratified  in  1913,  while  these  pages  were  at  press. 


THE   FEDERAL  CONSTITUTION  575 

[xvii]  l 

The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof  for  six 
years ;  and  each  Senator  shall  have  one  vote.  The  electors  in 
each  State  shall  have  the  qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  State  Legislatures. 

When  vacancies  happen  in  the  representation  of  any  State 
in  the  Senate,  the  executive  authority  of  such  State  shall  issue 
writs  of  election  to  fill  vacancies :  Provided,  that  the  Legislature 
of  any  State  may  empower  the  executive  thereof  to  make 
temporary  appointments  until  the. people  fill  the  vacancies  by 
election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  Senator  chosen  before  it  becomes  valid 
as  a  part  of  the  Constitution. 

i  Ratified  in  1913,  while  these  pages  were  at  press. 


INDEX   OF   SOURCES 


The  Writings  of  statesmen  or  the  Records  of  a  colony  are  sometimes 
indexed  twice,  —  once  by  title,  under  the  name  of  the  subject,  and  once 
by  the  name  of  the  editor.  The  latter  is  done,  however,  only  in  cases 
where  it  is  customary  to  quote  the  work  with  the  editor's  name,  as  with 
Hening's  Statutes.  Authors'  and  editors'  names,  when  standing  first,  are 
in  heavy-faced  type.  Titles,  even  when  the  work  is  indexed  by  title 
rather  than  by  editor,  are  in  italics.  Each  entry  closes  with  a  list  of  the 
selections  in  this  volume  which  are  based  upon  it.  In  many  cases  the  in 
troduction  to  the  first  number  in  each  such  list  contains  additional  biblio 
graphical  material,  when  it  seems  worth  while  to  present  such  material 
anywhere. 


Adams,  John,  The  Works  of  (Boston ; 

10  vols. ;  edited  by  Charles  Francis 

Adams).    Nos.  130  a,  b,  c,  146. 
Adams,  John,  Letters  of,  addressed  to 

his  Wife  (Boston ;  2  vols.).    No.  138  b. 
Arber,  Edward  (editor),  The  Story 

of  the   Pilgrim  Fathers  (London). 

No.  48  a. 
Arnold,  Samuel  Greene,   History 

of    Rhode    Island    (Providence;    2 

vols.).    No.  90. 

"  Aspinwall  Papers,"  the,  in  Massa 
chusetts  Historical  Society  Collec 
tions,  4th  series,  IX.  No.  31  b. 

Bacon  (editor),  The  Laws  of  Mary 
land.  See  Maryland. 

Bancroft,  George,  History  of  the 
Constitution  (New  York,  2  vols.). 
No.  162. 

Besse,  Joseph,  A  Collection  of  the 
Sufferings  of  the  People  called 
Quakers  (London;  1753).  No.  88. 

Boston  Town  Records  (Report  of  the 
Record  Commissioners  for  1887). 
No.  122. 


Bradford,  William,  Plymouth  Plan 
tation  ("Original  Narratives"  edi 
tion).  Nos.  43,  44,  45. 

British  Record  Office,  The  manuscript 
Charter  of  the  Company  of  West 
minster  for  the  Plantation  of  Provi 
dence  Isle.  No.  55. 

Brown,  Alexander,  The  First  Re 
public  in  America  (Houghton).  No. 
3,  note. 

Genesis  of  the  United  States 

(Houghton;  2  vols.).  Nos.  4,  5, 
7,  10,  18,  22. 

Burroughs,  Edward,  A  Declaration 
of  the  Sad  and  Great  Persecution 
and  Martyrdom  of  Quakers  in 
New  England  (London ;  1660).  No. 
886. 

Calendar  of  State  Papers,  Colonial 
Series,  1574-1660  (W.  Noel  Sains- 
bury,  editor).  No.  55. 

Calvin,  John,  Institutes  (the  transla 
tion  of  1813,  London).  No.  61. 

Congress,  Journals  of  the  Continental 
(Ford  edition).  Nos.  130  c,  d,  138  a, 
140,  141. 


576 


INDEX  OF  SOURCES 


577 


'Ib.  (Philadelphia  edition,  1801).    No. 

148,  a,  b. 
Connecticut,     Colonial     Records    of 

(Hartford ;  15  vols.) .    Nos.  93,  97. 

Documentary  History  of  the  Consti 
tution  (Washington ;  Government 
Printing  Office;  4  vols.).  No.  153. 

Dorchester  Town  Records  (edited  by 
the  Boston  Record  Commissioners). 
Nos.  66,  81. 

Dray  ton,  Michael,  Poems  (London  ; 
1619).  No.  4. 

Eddes,  William,  Letters  from  Amer 
ica  (London  ;  1792).  No.  116. 

Federal  Convention,  The  Records  of 
the  (edited  by  Farrand).  3  vols. 
Nos.  155,  156,  157,  158,  160,  163. 

Force,  Peter  (editor),  American 
Archives,  Fourth  Series  (Washing 
ton ;  6  vols.).  Nos.  125  a,  127,  128 
a,  b,  c,  129  a,  b,  c,  d,  e,  131,  132  a,  b, 
134, 135. 

Historical  Tracts  (Washington; 

1836 ;  4  vols.) .  Nos.  6, 9, 23,  26,  62  c. 

Franklin,  Benjamin,  The  Works  of 
(Smyth  edition  ;  Putnam's ;  10  vols.) . 
No.  114  a. 

"Goodspeed  to  Virginia"  (in  Brown's 
Genesis  of  the  United  States).  No. 
5. 

Gorges,  Sir  Ferdinando,  "Briefe 
Narration,"  Massachusetts  Histor 
ical  Society  Collections,  3d  series, 
VI.  Nos.  51  a,  53  note. 

Hakluyt,  Richard,  Voyages  .  .  . 
and  Discoveries  of  the  English  Na 
tion  (published  in  1589 ;  quoted  here 
from  the  Goldschmid  edition).  Nos. 
2,  15. 

A  Discourse  on  Western  Plant 
ing  (republished  in  the  Maine  His 
torical  Society  Collections,^  series, 
II).  No.  3. 


Hamilton,  Alexander,  The  Works  of 
(Federalist  edition;  Putnam's;  12 
vols.).  No.  159. 

Hazard,  Ebenezer  (editor),  Histor 
ical  Collections  of  State  Papers. 
(Commonly  quoted  as  Hazard's  State 
Papers.  Washington,  1792 ;  2 vols.). 
Nos.  29,  30,  39  a,  b,  42, 46  addendum, 
51  a. 

Hazard,  Samuel  (editor) ;  Annals 
of  Pennsylvania  (Philadelphia). 
No.  103. 

Heningr,  William  W.  (editor),  Stat 
utes  at  Large,  being  a  Collection  of 
the  Laws  of  Virginia.  (Richmond, 
1823;  13  vols.)  Nos.  17,  31,  33,  34, 
35,  105,  106,  109. 

Higrgrinson,  Francis,  "  Relation  of 
New  England's  Plantation"  (1629; 
reprinted  in  Young's  Chronicles  of 
Massachusetts  Bay).  No.  59  d. 

Holinshed,  Raphael,  Chronicles  of 
England,  Scotland,  and  Ireland 
(London;  1577).  No.  1. 

Hutchinson,  Thomas  (editor),  Col 
lection  of  Original  Papers  (pub 
lished  as  a  third  volume,  in  the 
nature  of  an  appendix,  of  his  History 
of  Massachusetts  Bay).  Nos.  53, 
58  b,  59  a,  76  a,  86,  110. 

History  of  Massachusetts  Bay 

(London ;  1769).  Nos.  60  a,  75,  76  b, 
92. 

Jefferson,  Thomas,  The  Writings  of 
(Ford  edition;  Putnams;  10  vols.). 
Nos.  123  a,  136  addendum. 

Jefferson,  Thomas,  The  Works  of 
(Washington  edition ;  9  vols.).  No. 
125  6. 

Johnson,  Captain  Edward,  The 
Wonder-working  Providence  of 
Sions  Saviour  in  New  England 
(London;  1654).  No.  54  b. 

Kingrsbury,  Susan  (editor),  Records 
of  the  Virginia  Company  of  Lon- 


578 


INDEX  OF  SOURCES 


don  (Washington,  1906).    See  Vir 
ginia. 

Lechford,  Thomas,  Plaine  Dealing 
(1641 ;  republished  in  Massachusetts 
Historical  Society  Collections).  No. 
85. 

Madison,  James,  Journal  of  the 
Philadelphia  Convention  (also  in 
Farrand's  Records  of  the  Federal 
Convention) .  Nos.  159, 161. 

Marston,  John,  Eastward  Hoe ! 
(London;  1605).  No.  8. 

Maryland,  Proceedings  of  the  Conven 
tions  of  (Baltimore).  No.  139. 

Mason,  George,  Life  and  Correspon 
dence  of  (by  Kate  Mason  Rowland  ; 
2vols.).  Nos.  121  note,  136  adden 
dum,  162. 

Massachusetts,  Colonial  Records  of 
(Boston;  7  vols. ;  edited  by  Nathan 
iel  Shurtleff).  Nos.  53,  57,  58  a,  c, 
65,  72,  75  6,  80  addendum,  82. 

Massachusetts,  Historical  Society  Col 
lections.  Nos.  31  6, 41, 47, 53, 85, 107. 

Massachusetts  Bay,  Acts  and  Re 
solves  of  the  Province  of  (Boston ; 
7  vols.)  110  b. 

Minot,  George  Richards,  History 
of  the  Insurrections  in  Massachu 
setts  in  the  Year  MDCCLXXXVI 
(Worcester;  1788).  No.  151  b. 

Moore,  Frank  (editor),  Diary  of  the 
American  Revolution  (Scribner's; 
2  vols.).  No.  1426. 

Morris,  Gouverneur,  Life  and  Writ 
ings  of  (Sparks'  edition;  3  vols.). 
No.  150. 

Neill,  Edward  D.,  The  Virginia  Com 
pany  (Albany,  N.  Y. ;  1869).  No.  18. 

Virginia  and  Virginiola  (Albany, 

N.  Y.;  1878).     No.  11. 
New  Hampshire,  Provincial  Papers 

of  (Concord  ;  by  a  series  of  editors). 

No.  110. 


New    Haven,    Colonial     Records     of' 
(Hartford,  2  vols.).    No.  94. 

New  Jersey  Archives,  First  Series, 
Vols.  XXV  and  XXVII  ("News 
paper  Extracts"  for  1769-1770  and 
1770-1771).  Nos.  117,  120  d. 

Neio  York,  Documents  relative  to  the 
Colonial  History  of  (by  a  series 
of  editors).  Nos.  99,  101,  111  d, 
114  b. 

Niles,  Hezekiah,  Principles  and  Acts 
of  the  Revolution  in  America 
(Baltimore ;  1822)..  No.  142  c. 

North  Carolina,  Colonial  Records  of 
(Raleigh ;  10  vols. ;  edited  by  W.  L. 
Saunders).  No.  Ill  a. 

Nova  Britannia  (London;  1609;  re- 
published  in  Force's  Historical 
Tracts).  Nos.  6,  20. 

Peckham,  Sir  George,  True  Report 
[of  Gilbert's  Voyage],  (1582;  repub 
lished  in  Hakluyt's  Voyages). 
No.  2. 

Pennsylvania,  Charters  and  Laws  of 
(Harrisburg ;  1879) .  No.  102. 

Plymouth  Colony,  Records  of  (Bos 
ton  ;  12  vols.) .  Nos.  94,  95,  96. 

Poore,  Benjamin  Perley  (editor), 
Charters  and  Constitutions  (Wash 
ington  ;  Government  Printing 
Office).  No.  15. 

Purchas,  Samuel,  Purchas  his  Pil- 
grimes  (1625 ;  London ;  4  vols.).  No. 
19  a. 

Ramsey,    David,    History    of    the 

American      Revolution      (1789;      2 

vols.).     No.  145. 
Rhode    Island,    Colonial    Records   of 

(Providence;    10  vols.).      Nos.  91, 

98. 
Rowland,  Kate  Mason,  Life  and 

Correspondence   of   George    Mason 

(New  York;  2  vols.).    See   George 

Mason. 


INDEX  OF  SOURCES 


579 


Scharf,  J.  Thomas,  History  of 
Maryland  (Philadelphia;  3  vols.). 
Nos.  36,  38. 

Scharf  and  Westcott,  History 
of  Philadelphia  (Philadelphia;  3 
vols.)-  Nos.  124,  143. 

Smith,  Captain  John,  Complete  Works 
of  (Birmingham  edition).  Nos.  13, 
14,  486,606. 

Statutes  at  Large,  from  Magna  Carta 
to  1869  (Cambridge,  110  vols. ;  com 
monly  quoted,  from  the  editor,  as 
Pickering's  Statutes).  Nos.  100  c, 
118,  119. 

Stith,  William,  History  of  Virginia, 
(1747;  edited  by  Sabin  and  re 
printed  in  1865) .  Nos.  16,  20,  21. 

Thorpe,  Francis  (editor),  American 
Charters  and  Constitutions  (Wash 
ington  ;  Government  Printing  Office  ; 
7  vols.).  No.  15. 

Tyler,  Moses  Coit,  Literary  History 
of  the  American  Revolution  (Put 
nam's;  2  vols.).  144. 

United  States,  Revised  Statutes  of 
(1878).  No.  147. 

Virginia,  Calendar  of  State  Papers  of 
(Richmond  ;  11  vols.).  No.  133. 

Virginia,  Colonial  Records  of  (edited 
by  Wynne  and  Gilman).  No.  25. 

Virginia,  Journals  of  the  House  of 
Burgesses  of  (Putnam's;  10  vols.). 
Nos.  120  a,  b,  c,  123  6,  125  c,  d,  e,  f. 

Virginia  Company  of  London,  Rec 
ords  of  the  (Washington;  1906;  2 


vols.;  edited  by  Susan  Kingsbury). 
Nos.  12,  24,  26  28. 

Virginia  Magazine  of  History  and 
Biography  (Richmond).  Nos.  31  6, 
37  a,  6,  c,  108. 

Ward,  Nathaniel,  The  Simple  Cob 
bler  of  Aggawamm  (London ;  1647). 
No.  84  a. 

Washington,  George,  The  Writings  of 
(Washington  edition).  Nos.  121  6, 
151  6. 

Watertoion,  Records  of  the  Town  of. 
No.  83. 

White,  John,  Brief  Relation  (1630; 
reprinted  in  Young's  Chronicles). 
No.  56. 

Whitmore,  W.  H.,  Bibliographical 
Sketch  of  the  Laws  of  the  Massachu 
setts  Colony  (Boston).  No.  78. 

Winthrop,  John,  History  of  New 
England  ("Original  Narratives" 
edition).  Nos.  62,  64,  67,  68,  69,  70, 
71,  73,  74,  77,  79,  80. 

Winthrop,  John,  Life  and  Letters  of 
(Boston ;  2  vols. ;  edited  by  Robert 
C.  Winthrop).  Nos.  59  «,  6,  c,  62  6. 

Writings  of  Lace  (a  series  of  letters 
from  Federalists  attacking  John 
Hancock  in  the  campaign  of  1789) . 
No.  164. 

Young,  Alexander  (editor),  Chroni 
cles  of  Massachusetts  (Boston;  1846). 
Nos.  56,  59  d. 

Zenger,  John  Peter,  Brief  Narra 
tive  of  the  Case  and  Tryall  of  John 
Peter  Zenger  (New  York;  1738). 
No.  113. 


SUBJECT   INDEX 


The  references  are  to  the  numbers  of  selections,  not  to  pages. 


Adams,  John,  account  of  debates  in 
Continental  Congress,  130 a ;  impres 
sions  of  First  Continental  Congress, 
130  b ;  on  resolution  of  Congress  of 
May  15, 1776,  for  State  governments 
138  b ;  on  first  independent  govern 
ment  in  South  Carolina,  ib. ;  on  anti 
social  tendencies  of  pre-Revolution- 
ary  measures  (the  horse-jockey 
client),  142. 

Aggawamm,  the  Simple  Cobbler 
of,  see  Ward. 

Albany  Plan,  the,  for  union  of  col 
onies,  114  a  and  b. 

Albion,  Charter  of  the  Province 
of  (1634),  representative  feature,  39. 

Annapolis  Convention,  the,  re 
garded  as  part  of  an  aristocratic 
plot,  152;  its  call  for  the  Federal 
Convention,  153. 

Avalon,  Baltimore's  colony  of,  36 ; 
charter  the  first  royal  grant  recog 
nizing  popular  government,  38,  39. 

Bacon,  Nathaniel,  Rebellion,  106- 
109;  "Bacon's  laws,"  106;  Bacon's 
Proclamation,  107 ;  causes  of  rebel 
lion,  108;  reforms  of,  abolished,  109. 

Ballot,  used  by  London  Company  in 
England,  23,  28  (2),  28  (3) ;  used  in 
Massachusetts  first,  67  a,  note; 
adopted  legally  for  general  elections 
in  Massachusetts  General  Court,  70 ; 
used  for  secrecy  in  a  Boston  town 
election,  71;  develops  from  "prox 
ies,"  73. 

Baltimore,  First  Lord,  the,  letter 
from  Avalon  to  Charles  I,  36. 


Berkeley,  Sir  William,  Commission 
of  1641  authorizing  the  Assembly, 
32  a ;  report  of  1671  on  conditions  in 
Virginia,  104.  See  Bacon. 

Bill  of  Rights,  the  first,  in  Virginia 
(June,  1776),  136. 

"Body  of  Liberties,"  the  (of  Mas 
sachusetts),  77,  78. 

Boston  Port  Bill,  effect  in  Virginia, 
125. 

Boston  town  meeting-,  and  colonial 
politics,  111  c ;  122. 

Bradford,  "William,  charter  from 
New  England  Council,  49;  surrender 
of  charter  to  colonists,  50. 

Cambridge  Agreement,  the,  58  b. 

Charter  colonies,  recommendation 
of  Board  of  Trade  to  abolish,  111  a. 

Charters,  Royal  to  Proprietors ;  Gil 
bert's,  of  1578  (and  Raleigh's  of 
1584) ,  15 ;  Baltimore's  for  Maryland, 
37 ;  for  Avalon,  38 ;  for  New  Albion 
and  Maine,  39;  Duke  of  York's  for 
New  York,  101 ;  Penn's  for  Pennsyl 
vania,  102.  Royal  to  proprietary 
corporations  in  England :  First  Vir 
ginia  Charter  (to  London  and  Plym 
outh  branches  of  a  colonizing  com 
pany)  ,  16 ;  Second  Charter,  20 ;  Third 
Charter,  21 ;  to  New  England  Coun 
cil  (1620) ,  42 ;  to  Massachusetts  Bay 
Company,  53 ;  to  Company  of  West 
minster  for  Providence  Isle,  55. 
Royal  to  "corporations  upon  the 
place  "  :  parliamentary  to  Williams 
in  1648,  91 ;  Connecticut  Charter  of 
1662,  97;  Rhode  Island  (1663),  98; 


580 


SUBJECT   INDEX 

The  references  are  to  the  numbers  of  selections. 


581 


Massachusetts  (1691),  110.  From 
proprietary  corporations  or  propri 
etors  to  settlers :  Virginia  Company 
of  London  to  Virginians,  2n,  27 ;  to 
intending  Pilgrim  settlers  (Wincob 
charter),  43, 45 ;  New  England  Coun 
cil  to  Pierce  for  Plymouth,  47 ;  to 
Bradford,  49;  to  Robert  Gorges  as 
proprietor  in  Massachusetts,  51 ; 
Penn's  grants  to  Pennsylvanians  — 
Laws  agreed  upon  in  England,  103  a  ; 
Charter  of  1701,  103  b. 

Child,  Robert,  demand  for  the  fran 
chise  in  Massachusetts  for  Presby 
terians,  86. 

Christison,  Wenlock,  trial  as  a 
Quaker,  88  6. 

Colonial  Department  (English), 
established,  99. 

Colonization,  hardships,  of  Balti 
more  in  Avalon,  36;  at  Jamestown, 
19;  in  Massachusetts  Bay,  62  a,  6,  c. 

Committees  of  Correspondence 
(Revolutionary),  towns  in  Massachu 
setts,  122 ;  intercolonial  —  Jeffer 
son's  account  of  creation,  123;  reso 
lution  of  Virginia,  Burgesses  for, 
123  6 ;  correspondence  of,  123  c  ;  and 
regarding  call  for  Continental  Con 
gress,  125 /. 

Confederation,  New  England,  94, 95, 
96;  Franklin's  "  Albany  Plan,"  114; 
Continental  Congress,  125  ff . ;  de 
bates  in  Congress  regarding  charac 
ter  of,  146 ;  the  Articles,  147 ;  anar 
chy  under,  150,  151. 

Connecticut,  Fundamental  Orders, 
93 ;  charter,  97 ;  refusal  to  accept  a 
royal  commander  of  militia,  111  cZ. 

Connecticut  Compromise,  in  the 
Federal  Convention,  161. 

Constitution,  the  Federal,  Annap 
olis  Convention,  152;  call  for  Phila 
delphia  Convention,  153;  credentials 
of  delegates,  154 ;  George  Mason  on 
preliminaries  and  on  aristocratic 
forces  in,  155,  157;  Virginia  Plan, 


156;  New  Jersey  Plan,  158;  Hamil 
ton's  Plan,  159;  the  critical  day's 
debate  on  the  Connecticut  Compro 
mise,  161 ;  ratification,  162  ff. ;  docu 
ment  and  amendments,  165. 

Continental  Congress,  the  First, 
proposed  by  Virginia  ex-Burgesses, 
125  e ;  Rhode  Island  appoints  dele 
gates,  125 /;  "called"  by  Massa 
chusetts,  126 ;  suggested  also  by  Vir 
ginia  county,  127 ;  method  of  voting 
decided,  130  o;  Adams'  impressions 
of,  130  b ;  Declaration  of  Rights,  130 
c ;  and  the  Association,  130  d. 

Cotton,  Rev.  John,  denounces  de 
mocracy,  67  a,  71,  75  (addendum); 
letter  to  English  lords  on  Massachu 
setts  conditions,  75;  on  rules  of  fair 
trade,  79;  against  toleration,  84  c. 

Crashaw,  "Daily  Prayer,"  for  use 
in  Virginia,  9;  sermon  before  Dela 
ware's  expedition  (on  players),  10. 

Cushman,  Robert,  to  Pastor  Robin- 
sou,  43. 

Dale,  Sir  Thomas,  to  London  Com 
pany,  on  glories  of  Virginia,  12. 

Dates,  New  Style  and  Old,  21. 

Democracy,  decried  by  Puritan 
leaders :  Calvin,  61 ;  Cotton  and 
Winthrop,  67  a,  71,  75  (addendum), 
77,  80  ;  and  sumptuary  legislation 
in  Massachusetts,  75  b ;  denounced 
by  Hamilton  in  Federal  Convention, 
159;  establishes  government  by 
town  meeting,  66. 

Dorchester,  school  code,  81. 

Drayton,  Ode  to  the  Virginian 
Voyage,  4. 

Ducking  stool,  the,  115. 

Dudley,  Thomas,  to  Countess  of 
Lincoln  on  first  winter  in  Massachu 
setts,  62  c. 

"Eastward  Hoe  !  ",  8. 
Exeter,  "  Combination  of  Settlers '' 
at,  46  (addendum). 


582 


SUBJECT   INDEX 

The  references  are  to  the  numbers  of  selections. 


Fairfax  County  (Virginia),  resolu 
tions  for  First  Continental  Congress, 
129  6 ;  for  Revolutionary  militia,  132. 

Fauquier,  Francis  (Governor  of 
Virginia) ,  to  Lords  of  Trade,  on 
resignation  of  Mercer,  Stamp  Dis 
tributor,  120  c. 

Fletcher  (Governor  of  New  York), 
and  Connecticut  militia,  111  d. 

Franchise,  in  Virginia,  35,  105,  107, 
109;  in  Massachusetts,  denied  to 
Presbyterians,  86. 

Frankland,  State  of,  148. 

Franklin,  Benjamin,  Albany  plan 
of,  114  a  and  b ;  characterized  in 
Federal  Convention  by  Pierce,  160. 

Free  speech,  denied  in  Massachu 
setts  in  1635,  69,  77;  vindicated  in 
New  York  in  Zenger  trial,  113. 

French  Alliance,  the  Conservatives' 
fear  of,  144. 

"  Gentlemen,"  in  16th  century  Eng 
land,  1 ;  in  early  Virginia,  19  b ;  in 
colonial  Massachusetts,  75  a  and  b. 

Georgia,  credentials  of  delegates  to 

Federal  Convention,  154. 
Gilbert,  Sir  Humphrey,  charter,  15. 

"  Goodspeed  to  Virginia,"  on 
motives  for  colonization,  5. 

Gorges,  Sir  Ferdinando,  and  grant 
of  Massachusetts,  39  6 ;  and  reor 
ganization  of  Plymouth  Council,  42; 
"Briefe  Narration"  of,  51  a,  53 
note. 

Gorges,  Robert,  grant  from  Plym 
outh  Council  (representative  fea 
tures),  51  a,  53  note. 

Hakluyt,  Rev.  Richard,  on  motives 
for  colonization,  3. 

Hamilton,  Alexander,  plan  for  the 
Constitution  (denunciation  of  de 
mocracy)  ,  159 ;  character  sketch  of, 
in  Federal  Convention,  160. 

Hamilton,  James,  and  the  Zenger 
trial,  113. 


Hancock,  John,  and  inducement  to 
favor  the  Constitution,  164. 

Harvey,  Sir  John,  "  Propositions 
for  Virginia,"  suggesting  restora 
tion  of  the  Assembly,  32  a. 

Henry,  Patrick,  Stamp  Act  Reso 
lutions,  120  a ;  creation  of  Commit 
tees  of  Correspondence,  123  a ;  and 
call  for  First  Continental  Congress, 
125  6;  in  debates  in  Congress  ("I 
am  not  a  Virginian"),  130  a. 

Higginson,  Rev.  Francis,  Agree 
ment  with  Massachusetts  Company, 
56;  Relation,  59  d. 

Higginson,  Stephen,  on  John  Han 
cock  and  ratification  of  Constitu 
tion,  164. 

Hutchinson,  Thomas,  and  Boston 
town  meeting,  122. 

Indentured  servants,  see  White 
servants. 

Independence,  Virginia  county  in 
structions  for,  134;  Virginia  Con 
vention,  instructions  for,  135; 
Virginia  Declaration  of,  137;  Con 
gressional  resolutions  for  independ 
ent  State  governments,  138  a  and  b ; 
State  instructions  against,  139; 
Lee's  motion  for  in  Congress,  140; 
the  Declaration,  140;  sets  free  social 
forces,  145. 

Industry  in  common,  in  early  Vir 
ginia,  17,  18 ;  in  Plymouth,  44. 

James  I,  instructions  to  Jamestown 
expedition,  17;  attempts  to  control 
elections  in  London  Company,  28. 

Jefferson,  Thomas,  proposition  for 
the  franchise  in  first  Virginia  con 
stitution,  136  (addendum) ;  and 
Virginia  declaration  of  independ 
ence,  137;  and  Declaration  of  July 
4,  141;  and  Ordinance  of  1784, 
148  a. 

Keayne,  Captain  Robert,  and  ex 
orbitant  trading  profits,  79;  and 


SUBJECT   INDEX 

The  references  are  to  the  numbers  of  selections. 


583 


the  "sow  business" 
setts,  80. 


in  Massachu- 


Laborers,  in  England,  1 ;  in  Massa 
chusetts  and  wage  legislation,  65; 
condition  of  White  servants  in  1774, 
116,  117. 

Laws,  of  Virginia  in  1619,  25;  Plym 
outh  code  of  1636,  50;  of  early 
Massachusetts,  65;  sumptuary  dis 
crimination  against  classes  below 
the  gentry,  75;  the  "Body  of  Liber 
ties,"  78;  later  Virginian,  105,  106; 
late  colonial,  regarding  White  serv 
ants,  117. 

Lee,  Richard  Henry,  and  county 
resolutions  against  Stamp  Act, 

120  6 ;  and  creation  of  Committees 
of  Correspondence,  123  a ;  and  call 
for  First  Continental  Congress,  125  6  ; 
and  Westmoreland  County   resolu 
tions,  129  a ;    and  motion  for  inde 
pendence,  140. 

Local  Government,  see  Town  meet 
ing. 

London  Company,  see  Virginia 
Company. 

Loyalists  (in  Revolution),  parody 
"to  sign  or  not  to  sign,"  142  b; 
correspondence  with  a  committee 
of  safety,  143;  pretended  diary  to 
show  danger  in  French  alliance, 
144.  See  Mob  violence. 

Maine,  grant  of  to  Gorges  (repre 
sentative  government),  39  b. 

Maryland,  early,  36,  37,  38,  39,  40; 
Second  Provincial  Convention  of,  a 
government,  132  (introduction) ;  in 
structions  against  independence, 
139. 

Mason,  George,  and  Virginia  non 
importation  agreement  of  1769, 

121  6,  note ;  declares  the  Third  Vir 
ginia    Convention    a    government, 
133  c ;  and  Virginia  Bill  of  Rights, 
136  (addendum) ;  on  democratic  and 
aristocratic    forces    in  the  Federal 


Convention,  155,  157;  objections  to 
signing  the  Constitution,  162, 163. 

Massachusetts,  to  1660,41  ff. ;  early 
beginnings  at  Salem,  52;  charter  of 
1629, 53 ;  docket  of  charter,  54 ;  ques 
tion  of  transfer  of  charter  to  Amer 
ica,  55  (and  addendum)  ;  decision  to 
transfer  the  charter,  58 ;  decision  of 
Puritan  gentlemen  to  remove  to 
Massachusetts,  59;  early  hardships 
and  religious  matters,  62;  oligarchic 
usurpations,  63 ;  Watertown  protest 
and  some  democratic  gains,  64;  aris 
tocratic  legislation,  65;  beginning  of 
town  government,  66 ;  establishment 
of  representative  government,  67 ; 
religious  controversies,  74;  social 
conditions,  75;  danger  of  English 
interference,  76 ;  demand  for  written 
laws,  77 ;  social  conditions  as  shown 
in  town  legislation,  83 ;  and  religious 
persecution,  84,  85,  86,  88;  English 
relations  after  1660,  100 ;  charter  of 
1691,  110  6;  in  the  Revolution,  122 
ff.  (See  Table  of  Contents.) 

Mayflower  Compact,  the,  46. 

Mercer,  Colonel,  induced  to  resign 

as  Stamp  Distributor,  120  c. 
Ministers  in  Virginia,  not  to  "  give 

themselves  to  excesse  of  drinking," 

33. 
Mob    violence,    pre-Revolutionary, 

120  c,  d,  124;   after  Declaration  of 

Independence,  142  a,  6,  c. 
Morris,  Gouverneur,  on  the  hope  for 

a  military  dictator,  150;  character 

sketch  in  Federal  Convention,  160. 

Navigation  Acts,  100  a,  6,  c;  118. 

New  England  Confederation,  con 
stitution,  94;  Massachusetts  de 
mands  more  weight  in,  95 ;  nullifica 
tion  by  Massachusetts,  96. 

New  England  Council,  42.  See 
Plymouth  Council. 

New  Hampshire,  commission  of 
royal  governor  of,  112. 


584 


SUBJECT   INDEX 

The  references  are  to  the  numbers  of  selections. 


New  Jersey,  advertisements  for  run 
away  (White)  servants,  117. 

New  Jersey  Plan,  in  Federal  Con 
vention,  158. 

"  New  Style,"  in  dates,  21,  note. 
New  York,  charter  to  Duke  of  York, 
101. 

North  Sea  passage,  to  be  sought 
for  by  first  Virginia  expedition,  18. 

Northwest  Ordinance,  the,  149  6. 

Nullification,  in  New  England  Con 
federation,  96. 

"  Old  Style,"  dates,  21,  note. 
Ordinance  of  1621,  for  Virginia,  27. 

Ordinance  of  1784,  for  organizing 
the  National  Domain,  149  a. 

Ordinance  of  1789,  for  the  North 
west,  149  6. 

Otto,  Louis  Guillaume,  to  Ver- 
gennes,  on  Annapolis  Convention  as 
a  plot  of  the  aristocratic  classes,  152. 

Parody,  a  Tory's,  on  Hamlet's  solilo 
quy,  142  6. 

Peirce,  John,  charter  for  Plymouth, 
47. 

Penn,  William,  grant  of  Pennsyl 
vania,  102;  grants  to  the  settlers, 
103  a  and  6. 

Percy,  Master  George,  "Dis 
course,"  on  first  weeks  in  James 
town,  19  a. 

Pierce,  William,  character  sketches 
by,  of  men  of  the  Federal  Conven 
tion,  160. 

Pillory,  the,  115. 

Plymouth  Council,  a  branch  cf  the 
first  Virginia  Company,  16  (section 
v) ;  reorganized  by  charter  of  1620, 
42 ;  grants,  to  the  Pilgrims,  47,  49 ; 
to  Gorges,  for  Massachusetts,  51. 

Plymouth  Plantation,  delay  in 
securing  Wiucob  charter,  43;  arti 


cles  of  partnership  with  London 
merchants,  44;  a  "body  politic" 
before  sailing,  45 ;  Mayflower  Com 
pact,  46;  the  Peirce  charter,  47; 
early  history,  48  a  and  6 ;  the  Brad 
ford  charter,  49;  surrender  of  the 
same  to  the  colony,  50;  first  code  of 
laws,  50. 

Presbyterians,  excluded  from  the 
franchise  in  early  Massachusetts,  86. 

Providence  Isle,  charter  to  Com 
pany  of  Westminster  for  plantation 
of,  55. 

Puritans  (Massachusetts),  political 
principles  of,  61 ;  not  Separatists,  52, 
60,  62. 

Quakers,  persecution  in  Massachu 
setts,  88;  and  Rhode  Island,  92. 

Randolph,  Edmund,  Report  of  1676 
ou  Massachusetts,  110. 

Religious  freedom,  toleration  in 
Maryland,  40;  persecution  in  Massa 
chusetts,  84,  85,  86,  87,  88 ;  freedom 
in  Rhode  Island,  89,  90,  91,  92;  in 
Pennsylvania,  103. 

Representative  government,  first 
representative  assembly  (Virginia), 
25;  preserved  in  Virginia  against 
James  and  Charles,  29,  30,  31,  32; 
first  royal  authorization  of  (Mary 
land  charter),  37;  also  in  charters 
for  Avalon  and  Maine,  38,  39;  in 
Gorges  grant  of  1623,  51 ;  established 
in  Massachusetts,  61-67. 

Revolution,  the,  pre-Revolutionary 
agitation,  114-124;  rise  of  Revolu 
tionary  governments,  125-133;  Inde 
pendence,  134-144;  social  forces  set 
free  by,  145. 

Rhode  Island,  religious  freedom, 
89-92. 

Robinson,  Pastor  John,  on  the 
terms  of  partnership  between  Pil 
grims  and  London  merchants,  44, 
note ;  farewell  letter,  45. 


SUBJECT  INDEX 

The  references  are  to  the  number*  of  selections. 


585 


Rogers,  Rev.  Ezekiel,  champion  of 
democracy  in  Early  Massachusetts, 
77  (addendum). 

Sabbath  in  Virginia,  no  traveling 
on,  33  (4). 

Salem,  White's  Relation  of  the  be 
ginning  of,  52. 

Saltonstall,  Richard,  signer  of 
Cambridge  Agreement,  58  6 ;  letter 
urging  religious  freedom,  84  c. 

Sandys,  Sir  Edwin,  letter  to  stock 
holders  of  London  Company,  11 ;  and 
the  Company's  Declaration  of  1620, 
26;  and  interference  of  King  James 
against  reelection,  28  (1) ;  and  Plym 
outh  Colony,  43. 

Schools,  in  Massachusetts :  Dorches 
ter  regulations,  81 ;  compulsory  edu 
cation,  82  a ;  State  system,  82  b.  In 
Virginia  (Berkeley's  Report),  104. 

Selectmen,  first  established  at  Dor 
chester,  66. 

"Servants,"  see  White  servants. 

Shays'  Rebellion,  Hampshire 
County  Grievances,  151  a;  and 
Washington's  alarm,  151  b. 

Smith,  Captain  John,  on  the  Lon 
don  Company  (not  mercenary),  13; 
last  plea  for  colonization  (for  Mas 
sachusetts),  14;  on  "gentlemen"  in 
Virginia,  19  6 ;  on  Plymouth  in 
1624,  48  6;  Massachusetts  Puritans 
not  Separatists,  60  6. 

Spain,  and  English  colonization, 
3  (ch.  v.),  5,  6;  danger  of  Spanish 
attack  on  Jamestown,  22. 

Stamp  Act,  the,  119;  reception  in 
America :  Henry's  resolutions, 
120  a ;  Virginia  county  resolutions 
against,  120  6 ;  Virginia  Stamp  Dis 
tributor  induced  to  resign,  120  c ; 
mob  violence,  120  d. 

Stoughton,  Israel,  disfranchised 
for  criticizing  Massachusetts  gov 
ernment,  69. 


Sugar  Act,  of  1733,  100  c;  of  1764, 

118. 
Sydney,  Sir   Philip,  on    American 

colonization,  3,  note. 

Tea  riots,  124. 

Town  meeting,  establishment  at 
Dorchester,  66,  and  at  Watertown, 
83;  use  of  ballot  in,  73  6;  recog 
nized  in  "Body  of  Liberties,"  78; 
typical  records  of  from  Watertown 
(illustrating  New  England  society), 
83;  at  Boston,  political  activity  in 
affairs  of  the  province,  111  c,  and 
pre-Revolutionary  (town  commit 
tees  of  correspondence) ,  122. 

Two-House  legislature,  evolution 
of  in  Massachusetts,  68,  69,  80. 


Virginia,  motives  for  colonization, 
patriotic  and  religious,  2,  3,  4,  5,  6, 
7,  9,  10,  11,  13,  14;  ridiculed  (East 
ward  Hoe),  8;  praised  by  Dale,  12; 
classes  of  colonists,  7;  "gentle 
men"  in,  19  b;  under  King  and 
Company,  16-19;  Charter  of  1609 
(under  the  Company),  20;  Charter 
of  1612,  21;  danger  from  Spain,  22; 
under  the  liberal  London  Company 
(which  see),  23-28;  first  Represen 
tative  Assembly,  25;  a  royal  prov 
ince,  29-33;  royal  commissions 
ignoring  Assembly,  29,  30;  Assem 
bly's  declaration,  "  No  taxation 
without  representation,"  31  a;  pro 
tests  in  favor  of  Assembly,  31  b ; 
restoration  of  Assembly,  32;  legis 
lation,  moral  and  financial,  33: 
under  the  Commonwealth,  34-35; 
franchise,  35,  105,  106,  109;  under 
the  second  Stuarts  — Bacon's  Rebel 
lion  and  suppression  of  reforms, 
105-109;  in  pre-Revolutionary  agi 
tation,  121  ff. ;  non-importation 
agreement,  121  a  and  6 ;  originates 
intercolonial  Committees,  123  a 
and  b ;  suggests  Continental  Con 
gress,  125  a,  6,  c,  d,  e,  f,  g\  calls 


586 


SUBJECT   INDEX 

The  references  are  to  the  numbers  of  selections. 


provincial  convention,  128  a  and  b  ; 
county  meetings — instructions  to 
delegates  to  provincial  convention, 
128  c,  129  a,  6,  c,  d,  e;  county  ap 
proval  of  Continental  Congress' 
Associations,  131 ;  county  conven 
tions  become  governments  (Fairfax 
County),  132,  133  a;  Second  Pro 
vincial  Convention  a  government 
de  facto,  133  b;  Third  Convention 
(July,  1775),  a  government  in  form 
also,  133  c;  Charlotte  County  in 
structions  for  independence,  134; 
Convention  instructs  delegates  in 
Continental  Congress  to  move  for 
independence,  135 ;  resolves  upon  an 
independent  State  constitution,  ib. ; 
Bill  of  Rights,  136;  State  declara 
tion  of  independence,  137. 

Virginia  Company,  the,  pamphlets 
in  favor  of,  5,  6;  "True  and  Sin 
cere  Declaration"  of,  7;  Smith's 
vindication  of,  13;  charter  of  1606, 
15;  instructions  from  King  James, 
17 ;  instructions  from  the  Council  in 
England,  18;  charter  of  1609,  20; 
charter  of  1612,  21;  rules  adopted 
by  the  liberal  management  in  1619, 
23;  "Order"  recognizing  right  of 
settlers  to  share  in  government,  24 ; 
first  charter  to  settlers  (noticed  in 
records  of  Assembly),  25;  "  Declara 
tion"  of  1620,  26;  Ordinance  of 
1621,  27;  struggle  with  the  King  for 
right  of  free  election,  28. 

Virginia  Plan,  the,  in  Federal  Con 
vention,  156. 

Ward,  Rev.  Nathaniel,  argument 
against  religious  toleration,  84. 

Washington,  George,  and  Vir 
ginia's  non-importation  association 
of  1769,  121  &,  note ;  and  Fairfax 
County  resolutions  of  1774,  129  b ; 
and  Fairfax  County  organization  of 
Revolutionary  militia,  132;  and 
Shays'  Rebellion,  151  6. 

Watertown  Protest,  the,  64. 


Watertown  Records,  extracts 
from,  illustrating  social  conditions, 
83. 

Western  territory,  debates  on  in 
Continental  Congress,  146;  desire 
for  Statehood,  148;  Ordinance  of 
1784,  149  a ;  Northwest  Ordinance, 
149  b. 

Weymouth,  Captain  George,  rec 
ord  of  voyage  to  Maine,  41. 

Wheelwright,  Rev.  John,  and 
petition  for  free  speech,  74. 

White,  Rev.  John,  account  of  begin 
nings  of  Massachusetts,  52. 

White  "servants,"  corporal  pun 
ishment,  65;  classified  (in  1774), 
116;  advertisements  for  runaways 
(1769,  1774),  117. 

Williams,  Roger,  on  religious  free 
dom,  90. 

Winslow,  Edward,  letter  to  friend 
in  England  on  the  beginnings  of 
Plymouth,  48  a. 

Winthrop,  John,  signer  of  Cam 
bridge  Agreement,  58  6;  argument 
for  making  Massachusetts  a  Puritan 
settlement,  59 ;  reasons  for  coming 
to  America,  59  6 ;  farewell  letter  to 
the  Church  of  England,  60  a;  on 
early  hardships  in  the  colony,  62  a 
and  b ;  decries  democracy,  (>4,  67, 
71,  73,  77;  denies  free  speech,  69; 
denies  right  of  petition,  77. 

Winthrop,  John,  Jr.,  decision  to 
come  to  Massachusetts,  59  c. 

Wise,  Rev.  John,  on  Englishmen's 
dislike  for  arbitrary  government, 
111  6. 

Written  laws,  demand  for  in  Massa 
chusetts,  77. 

Yeardley,    Sir    George,    and  Vir 
ginia  Representative  Assembly,  25. 
Yeomen,  English,  in  16th  century,  1. 

Zenger,  John  Peter,  and  free 
speech,  113. 


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